Legal Opinion

United States v. Nelson

Court of Appeals for the Tenth Circuit

Decided October 6, 2006No. 06-6071PublishedCited by 131 opinions

1Opinion of the Court

HARTZ, Circuit Judge.

Alton Ray Nelson Jr. has filed a notice of appeal from the district court’s order denying his motion under Fed.R.Civ.P. 15 to amend and supplement his previously denied motion for a writ of habeas corpus under 28 U.S.C. § 2255. Because the motion must be treated as a successive motion for relief under § 2255, we vacate the district court’s order for lack of subject-matter jurisdiction, construe Mr. Nelson’s notice of appeal and appellate briefs as an implied application for authorization to file another § 2255 motion, and deny authorization.

I. BACKGROUND

Mr. Nelson pleaded…

2Cases cited8 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gonzalez v. CrosbySupreme Court of the United States · 2005
  3. Allender v. Raytheon Aircraft Co.Court of Appeals for the Tenth Circuit · 2006
  4. Monroe Johnson III v. United StatesCourt of Appeals for the Seventh Circuit · 1999
  5. Tool Box, Inc. v. Ogden City Corp.Court of Appeals for the Tenth Circuit · 2005

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3Cited by131 opinions

  1. In Re ClineCourt of Appeals for the Tenth Circuit · 2008
  2. Ezell Gilbert v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
  3. United States v. Derrek ArringtonCourt of Appeals for the D.C. Circuit · 2014
  4. United States v. BuenrostroCourt of Appeals for the Ninth Circuit · 2011
  5. Ochoa v. SirmonsCourt of Appeals for the Tenth Circuit · 2007

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

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