U.S. v. KELLY

No. 99-2337.

235 F.3d 1238 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Willis Jeffrey KELLY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 19, 2000.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Norman C. Bay, United States Attorney, and Robert D. Kimball, Assistant U.S. Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Willis Jeffrey Kelly, pro se.

Before TACHA, EBEL and BRISCOE, Circuit Judges.


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 recharacterized 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...

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