Legal Opinion
United States v. Kelly
Court of Appeals for the Tenth Circuit
Decided December 19, 2000No. 99-2337PublishedCited by 44 opinions
1Opinion of the Court
TACHA, Circuit Judge.
Following this court’s affirmance of his conviction and sentence on direct appeal, defendant Willis Jeffrey Kelly filed a motion seeking relief under Fed.R.Crim.P. 32 and 35. The district court sua sponte re-characterized the motion as one challenging the convictions and sentence under 28 U.S.C. § 2255 and denied relief. Because of the implications of the court’s action on the prohibition against successive § 2255 motions, we conclude the court should have first given Kelly notice of its intent to recharacterize his motion and an opportunity to withdraw or supplement it.…
2Cases cited11 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Miller v. MarrCourt of Appeals for the Tenth Circuit · 1998
- United States v. Quentin Miller, A/K/A "Q" Quentin MillerCourt of Appeals for the Third Circuit · 1999
- Eric Adams v. United StatesCourt of Appeals for the Second Circuit · 1998
- United States v. Scott A. WarnerCourt of Appeals for the Tenth Circuit · 1994
6 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Castro v. United StatesSupreme Court of the United States · 2003
- Davis v. RobertsCourt of Appeals for the Tenth Circuit · 2005
- Raymond Outler v. United StatesCourt of Appeals for the Eleventh Circuit · 2007
- United States v. TorresCourt of Appeals for the Tenth Circuit · 2002
- Loving v. United StatesCourt of Appeals for the Armed Forces · 2005
39 more not listed; retrieve them via the Exa API.