United States v. McDaniels, No. 16-20508 (5th Cir. 2018)Annotate this Case
After the dismissal of defendant's 28 U.S.C. 2255 motion, he filed a Federal Rule of Civil Procedure 59(e) motion to alter the judgment. The district court dismissed the Rule 59(e) motion without an evidentiary hearing.
The Fifth Circuit held that it did not have jurisdiction to review defendant's claims because the Rule 59(e) motion constituted a successive 28 U.S.C. 2255 application under Gonzalez v. Crosby, 545 U.S. 524, 532 (2005). The court also held that the district court did not abuse its discretion in denying defendant an evidentiary hearing because he has not provided independent indicia of the merit of his allegations. Accordingly, the court affirmed in part and dismissed in part.