Legal Opinion

In Re Larry Nailor, Movant. Larry Nailor v. United States

Court of Appeals for the Sixth Circuit

Decided May 31, 2007No. 06-6445PublishedCited by 36 opinions

1Opinion of the Court

OPINION

KAREN NELSON MOORE, Circuit Judge.

Movant Larry Nailor (“Nailor”), a federal prisoner, filed a motion for relief from judgment in the federal district court pursuant to Federal Rule of Civil Procedure 60(b). The district court construed the motion as a 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. Nailor required authorization from this court before filing a second or successive § 2255 motion, and, accordingly, the district court transferred the motion to us. We conclude that the district court did not err by construing Nailor’s Rule 60(b) motion as an attempt…

2Cases cited6 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Gonzalez v. CrosbySupreme Court of the United States · 2005
  3. In Re Jonathan Sims, Janice v. TerbushCourt of Appeals for the Sixth Circuit · 1997
  4. United States v. NelsonCourt of Appeals for the Tenth Circuit · 2006
  5. In Re: Edward O'Neal Bowen, Movant-PetitionerCourt of Appeals for the Sixth Circuit · 2006

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3Cited by36 opinions

  1. Ezell Gilbert v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
  2. United States v. Derrek ArringtonCourt of Appeals for the D.C. Circuit · 2014
  3. Deidre Clark v. United StatesCourt of Appeals for the Sixth Circuit · 2014
  4. United States v. BuenrostroCourt of Appeals for the Ninth Circuit · 2011
  5. United States v. CarterCourt of Appeals for the Sixth Circuit · 2007

31 more not listed; retrieve them via the Exa API.

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