U.S. Court of Appeals for the Fifth Circuit, 2009

United States v. Lott

United States v. Lott
U.S. Court of Appeals for the Fifth Circuit · Decided December 16, 2009 · Garza, Clement, Owen
357 F. App'x 618

United States v. Lott

Opinion

PER CURIAM: *

Andreco Lott, federal prisoner # 27068-177, seeks a certificate of appealability (COA) to present arguments challenging the denial of his post conviction motion. Lott wishes to challenge the validity of his conviction and sentence. Lott has previously been denied 28 U.S.C. § 2255 relief and has moved unsuccessfully for a COA. Lott’s challenge is in the nature of a § 2255 motion, see United States v. Orozco-Ramirez, 211 F.3d 862, 869 (5th Cir. 2000); In re Cain, 137 F.3d 234, 235 (5th Cir. 1998), and Lott has not obtained authorization to file a second or successive § 2255 motion, see § 2255(h); 28 U.S.C. § 2244(b)(3)(A). Nor has Lott made a sufficient showing to obtain authorization to file a successive § 2255 motion. See § 2255(h); § 2244(b)(3)(C). Accordingly, Lott’s motion for a COA is DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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