United States v. Cullum ( 1996 )


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  •                    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    this opinion should not be published and is not precedent except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.
    2
    

Document Info

Docket Number: 95-50580

Filed Date: 1/22/1996

Precedential Status: Non-Precedential

Modified Date: 12/21/2014