IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50580
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY JOSEPH CULLUM,
Defendant-Appellant.
Appeal from the United States District Court for the
Western District of Texas
(W-93-CA-346)
January 15, 1996
Before GARWOOD, SMITH and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:
Larry Joseph Cullum argues that the district court abused its
discretion in denying his 28 U.S.C. § 2255 motion for abuse of the
writ. Cullum argues that he has demonstrated “cause” for his
failure to raise the issues of double jeopardy and his absence
during jury selection in his criminal trial in his prior section
2255 motion. He argues that he was precluded from presenting these
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
claims because the government refused to provide him with an
inventory of his seized property and a transcript of the jury
impanelment at his criminal trial. Cullum’s reply brief makes
insulting, unfounded allegations against the district judge. The
reply brief is STRICKEN.
We have viewed the record, the opinion of the district court,
and the briefs, and find that the denial of Cullum’s section 2255
motion should be affirmed substantially for the reasons stated by
the district court. It is clear that before his prior section 2255
proceeding was filed in January 1992, there was available to Cullum
sufficient factual information to raise the two above-mentioned
claims, and that the legal theories involved were not then so novel
as to constitute cause for not raising the claims.
AFFIRMED.
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