IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-20237
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NAGI GEORGE RAYA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC Nos. CA-H-93-3544 c/w CR-H-89-250
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December 21, 1995
Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Nagi George Raya appeals the dismissal of his second 28
U.S.C. § 2255 motion as an abuse of the writ. Raya challenges
the district court's holding that Raya had not stated cause for
failing to raise his ineffective-assistance-of-counsel issue in
his first § 2255 motion. Raya also contends that dismissal of
his motion would result in a fundamental miscarriage of justice.
We have carefully reviewed the record and hold that the district
court did not abuse its discretion in dismissing the motion as an
abuse of the writ.
AFFIRMED.
*
Local Rule 47.5.1 provides: "The publication of opinions
that merely decide particular cases on the basis of well-settled
principles of law imposes needless expense on the public and
burdens on the legal profession." Pursuant to that Rule, the
court has determined that this opinion should not be published.