U.S. v. MOORE

No. 95-3121.

83 F.3d 1231 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Calvin MOORE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 7, 1996.


Attorney(s) appearing for the Case

Leon J. Patton, Assistant United States Attorney, Kansas City, Kansas, for Plaintiff-Appellee.

David J. Phillips, Federal Public Defender, Kansas City, Kansas, for Defendant-Appellant.

Before SEYMOUR, BRORBY, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

The district court resentenced the appellant Calvin Moore pursuant to 28 U.S.C. § 2255 after his original counsel failed to file a timely notice of appeal. Upon resentencing, the district court effectively ruled that its jurisdiction limited it to imposition of the original sentence, precluded rehearing of previously considered arguments and motions, and barred consideration of new arguments and new evidence. The district court's jurisdiction...

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