Howard v. United States
Court of Appeals for the Sixth Circuit
1Opinion of the CourtRogers, J., joined by Shadur, D.J.,
BOGGS, C.J. (pp. 476-77), delivered a separate dissenting opinion.
*473OPINION
ROGERS, Circuit Judge.
After the district court denied his motion to vacate sentence, habeas petitioner Tommy Howard moved to alter or amend that judgment pursuant to Fed.R.Civ.P. 59(e) and for leave to amend his pleadings pursuant to Fed.R.Civ.P. 15. Howard asked that the denial be set aside so that he could amend his motion to vacate sentence to allege, for the first time, errors in his sentencing. The district court denied this request, construing it as a second motion to vacate sentence, and transferred the case to…
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