Legal Opinion

United States v. DeWilliams

Court of Appeals for the Tenth Circuit

Decided February 10, 2014No. 13-1370Unpublished

1Opinion of the Court

ORDER DENYING CERTIFICATE OF APPEALABILITY *

Gary deWilliams, a federal prisoner proceeding pro se, seeks a certificate of ap-pealability (COA) to appeal the dismissal of his “Motion for Relief from a Void Judgment Pursuant to Federal Rules of Civil Procedure Rule 60(b)(4),” which the district court construed as an unauthorized successive 28 U.S.C. § 2255 motion. See 28 U.S.C. § 2255(h). We deny a COA and dismiss this matter.

In 1988, Mr. deWilliams pleaded guilty to bank robbery and making a false statement. Three weeks after sentencing him, the district court entered an order clarifying the…

2Cases cited6 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Gonzalez v. CrosbySupreme Court of the United States · 2005
  3. In Re ClineCourt of Appeals for the Tenth Circuit · 2008
  4. Spitznas v. BooneCourt of Appeals for the Tenth Circuit · 2006
  5. United States v. NelsonCourt of Appeals for the Tenth Circuit · 2006

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