IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60196
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESSE LEE STRINGER, JR., also known as Sealed Defendant 1,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:97-CR-20-1-BN
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October 18, 2000
Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jesse Lee Stringer, Jr., federal prisoner # 04645-043,
appeals from the denial of his motion for reconsideration of the
district court’s order denying Stringer leave to file an out-of-
time motion to vacate, correct, or set aside sentence under 28
U.S.C. § 2255. Regardless of whether his motion for
reconsideration is construed as filed under FED. R. CIV. P. 59(e)
or FED. R. CIV. P. 60(b), the district court’s denial of such
motion is reviewed for an abuse of discretion. See Travelers
Ins. Co. v. Liljeberg Enter., Inc., 38 F.3d 1404, 1408 (5th Cir.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-60196
-2-
1994)(Rule 60(b) motion); Midland West Corp. v. FDIC, 911 F.2d
1141, 1145 (5th Cir. 1990)(Rule 59(e) motion). Because Stringer
initially failed to submit sufficient evidence in support of his
equitable-tolling argument, the district court did not abuse its
discretion in denying his motion for reconsideration.
Accordingly, the district court’s judgment is AFFIRMED.