Keith Nelson v. United States

SMITH, Chief Judge.

Keith D. Nelson pleaded guilty to interstate kidnapping resulting in the death of ten-year-old Pamela Butler. At the penalty phase of the trial, the jury sentenced him to death after consideration of aggravating and mitigating factors. After this court affirmed his death sentence, see United States v. Nelson (Nelson I) , 347 F.3d 701 (8th Cir. 2003), cert. denied , 543 U.S. 978 , 125 S.Ct. 486 , 160 L.Ed.2d 355 (2004), Nelson moved for habeas relief under 28 U.S.C. § 2255 to set aside his conviction and sentence of death. The district court denied the motion without a…