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Appeal from the United States District Court for the Eastern District of Texas

This appeal presents an issue of first impression in this circuit: whether the district court abused its discretion by denying, as time-barred, Zosimo Reyes Saenz’s motion to amend his 28 U.S.C. � 2255 motion, rather than deciding whether, pursuant to Federal Rule of Civil Procedure 15, to allow the amendment. Saenz, federal prisoner # 27420-077, was granted a certificate of appealability on this issue alone. VACATED in PART and REMANDED.

I.

 
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