IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-50030 Conference Calendar __________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LEROY YOUNG, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. CA-W-94-325 (CR-W-89-145-3) - - - - - - - - - - June 29, 1995 Before JONES, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* The factual and legal bases for Leroy Young's due process violation claim were available when Young filed his first 28 U.S.C. § 2255 motion; therefore, the district court did not abuse its discretion by dismissing his current motion as abusive under Rule 9(b) of the Rules Governing § 2255 Proceedings. United States v. Flores, 981 F.2d 231, 234 (5th Cir. 1993).

AFFIRMED.

* Local Rule 47.5 provides: "The publication of opinions that have no precedential value and 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 Pursuant to that Rule, the court has determined that this opinion should not be published.