United States v. Edward Warren Winterhalder

This three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Circuit R. 10(e). The cause is therefore ordered submitted without oral argument.

This is an appeal from an order of the district court denying, in part, defendant’s motion pursuant to 28 U.S.C. § 2255. Defendant also seeks to bring a direct criminal appeal of his judgment of conviction based upon the district court’s order granting defendant an out-of-time appeal.

The question presently before this court is whether the…