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UNITED STATES v. PEDRAZA

No. 05-2141

466 F.3d 932 (2006)

UNITED STATES OF AMERICA, Plaintiff-Appellee v. ENRIQUE PEDRAZA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 25, 2006

Attorney(s) appearing for the Case

Submitted on the briefs:*

Enrique Pedraza, Pro se.

Before BRORBY and EBEL, Circuit Judges, and KANE, District Judge.

EBEL, Circuit Judge.

Enrique Pedraza appeals from an order of the district court in this 28 U.S.C. § 2255 case denying his Fed. R. Civ. P. 59(e) motion. The motion sought reconsideration of the district court's order construing his Fed. R. Civ. P. 60(b) motion as a successive application under 28 U.S.C. § 2255. We conclude, pursuant to our decision in Spitznas v. Boone, No. 05-6236, 2006 WL 2789868 (10th Cir. Sept. 29, 2006), that the motion for reconsideration...

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