# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 19

- 30110 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus
**Jock R. Jones,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:16

- CV

- 396

Before **King, Smith,** and **Wilson,** Circuit Judges

**. Per Curiam**  **:** * Jock R. Jones, federal prisoner # 05118

- 095, pleaded guilty to possession of a firearm by a convicted felon and was convicted following a bench trial of carjacking and using a firearm during the commission of a crime of violence. He was sentenced to a tot al of 384 months of imprisonment and

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precede nt except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 22, 2021

Lyle W. Cayce Clerk Case: 19-30110 Document: 00515715774 Page: 1 Date Filed: 01/22/2021No. 19

- 30110

2 five years of supervised release

. The district court denied Jones’s 28 U.S.C. § 2255 motion , and it denied without prejudice his motion to supplement as an unauthorized successive § 2255 motion. We granted a certificate of appealability on the issue whether the district court abused its discretion in dismissing Jones’s motion to supplement as an unauthorized successive § 2255 motion

. Jones argues, and the Government agrees, that the district court abused its d iscretion in denying his motion to supplement because his first § 2255 motion was still pending when he filed the motion. We review the denial of leave to amend a § 2255 motion under Federal Rule of Civil Procedure 15 for abuse of discretion. United Stat es v. Gonzalez , 592 F.3d 675,
678 n.2 , 679 (5th Cir. 2009) . “An erroneous legal conclusion constitutes an abuse of discretion.” United States v. Saenz , 282 F.3d 354, 356 (5th Cir. 2002)

. There is no authority supporting the district court’s determinatio n that the motion to supplement was a successive § 2255 motion. Cf. United States v. Riascos , 76 F.3d 93, 94 (5th Cir. 1996). When a pro se litigant raises a new issue for the first time in a pleading, the district court may construe it as a motion to am end his § 2255 motion. Saenz , 282 F.3d at 356; Riascos , 76 F.3d at 94

. Nothing in the record indicates undue delay, bad faith, or dilatory motive on Jones’s part, and it is not clear that amending his § 2255 motion to add the ineffective assistance claims would have been futile. See Foman v. Davis , 371 U.S. 178, 182 (1962); Jebaco , Inc. v. Harrah ’ s Operating Co. , 587 F.3d 314, 322 (5th Cir. 2009)

. There is nothing to indicate that the Government would have suffered prejudice if the district court had allowed the amendment. These factors weigh in favor of granting the motion in the interest of justice. See **Fed. R. Civ. P.** 15(a); Jebaco , Inc. , 587 F.3d at 322 ; Saenz , 282 F.3d at 356. Therefore, the district court abused its discretion in denying Jones’s motion to supplement his § 2255 motion. See Saenz , 282 Case: 19-30110 Document: 00515715774 Page: 2 Date Filed: 01/22/2021No. 19

- 30110

3 F.3d at 356; Ria scos , 76 F.3d at 94

- 95

. Accordingly, t he district court’s judgment is **REVERSED IN PART**  as to the denial of Jones’s motion to supplement his § 2255 motion , and the case is **REMANDED** to the district court for further proceedings concerning the ineffective assistance of counsel claims raised in Jones’s motion. Case: 19-30110 Document: 00515715774 Page: 3 Date Filed: 01/22/2021