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United States v. Bounds

Court: Court of Appeals for the Fifth Circuit
Date filed: 1999-03-26
Citations: 177 F.3d 979
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               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                           No. 98-40401
                         Summary Calendar



UNITED STATES OF AMERICA,

                                             Plaintiff-Appellee,

versus

TROY DONAVAN BOUNDS,

                                             Defendant-Appellant.

                       - - - - - - - - - -
          Appeal from the United States District Court
               for the Southern District of Texas
                      USDC No. V-94-CR-1-2
                       - - - - - - - - - -

                            March 25, 1999

Before KING, Chief Judge, DAVIS and JONES, Circuit Judges.

PER CURIAM:*

     Troy Bounds (“Bounds”), federal prisoner # 66117-079, has

appealed the denial of his motion to file a 28 U.S.C. § 2255

motion out of time and his motion for reconsideration of his

motion to file a § 2255 motion out of time.      He argues that the

district court abused its discretion in refusing to toll

equitably the one-year period of limitation and denying him leave

to file his § 2255 motion.    Bounds has failed to show that the




     *
        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that this opinion should not be published and is not precedent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. 98-40401
                                -2-

district court erred.   The judgment of the district court is

AFFIRMED.