Elawyers Elawyers
Washington| Change

Favis Clay Martin v. United States, 95-3009 (1996)

Court: Court of Appeals for the Eighth Circuit Number: 95-3009 Visitors: 16
Filed: Feb. 22, 1996
Latest Update: Mar. 02, 2020
Summary: _ No. 95-3009 _ Favis Clay Martin, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. United States of America, * * [UNPUBLISHED] Appellee. * _ Submitted: February 15, 1996 Filed: February 22, 1996 _ Before BOWMAN, MAGILL, and BEAM, Circuit Judges. _ PER CURIAM. Favis Clay Martin appeals the district court's1 order denying his second 28 U.S.C. § 2255 motion. Martin was convicted in 1981, and his conviction and sentence were affirmed on di
More
                            ___________

                            No. 95-3009
                            ___________

Favis Clay Martin,                *
                                  *
          Appellant,              *
                                  *   Appeal from the United States
     v.                           *   District Court for the
                                  *   Eastern District of Missouri.
United States of America,         *
                                  *   [UNPUBLISHED]
          Appellee.               *


                            ___________

                  Submitted:   February 15, 1996

                       Filed: February 22, 1996
                            ___________

Before BOWMAN, MAGILL, and BEAM, Circuit Judges.
                           ___________

PER CURIAM.

     Favis Clay Martin appeals the district court's1 order denying
his second 28 U.S.C. § 2255 motion. Martin was convicted in 1981,
and his conviction and sentence were affirmed on direct appeal.
Martin v. United States, 
691 F.2d 1235
(8th Cir. 1982), cert.
denied, 
459 U.S. 1211
(1983). Martin later filed a section 2255
motion; the district court2 denied relief, and this court affirmed.
Martin v. United States, No. 93-2054, 
1993 WL 265072
(8th Cir.)
(unpublished per curiam), cert. denied, 
114 S. Ct. 566
(1993).




     1
      The Honorable Donald J. Stohr, United States District Judge
for the Eastern District of Missouri, adopting the report and
recommendation of the Honorable Lawrence O. Davis, United States
Magistrate Judge for the Eastern District of Missouri.
     2
      The Honorable Clyde S. Cahill, United States District Judge
for the Eastern District of Missouri.
     We have reviewed the record, and agree with the district court
that Martin's current motion is successive, because both grounds
for relief were rejected in his earlier motion. We also agree that
Martin has not shown his abuse of the writ should be excused. See
28 U.S.C. § 2244(a); McCleskey v. Zant, 
499 U.S. 467
, 493-94
(1991).


     Accordingly, the judgment is affirmed.


     A true copy.


          Attest:


               CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer