Terry Penney v. United States

OPINION

COLE, Chief Judge.

Terry Penney appeals the district court’s denial of his motion under Federal Rule of Civil Procedure 60(b) for relief from the district court’s denial of his motion to amend his 28 U.S.C. § 2255 motion to vacate his sentence. Penney argues that the district court erred in denying his motion to amend as untimely without first considering the merits of his actual-innocence claim. We affirm.

I. BACKGROUND

In 2005, a jury convicted Penney of fifteen drug and firearm offenses and an attempt to kill a federal agent. The convictions arose from a police operation to arrest…