U.S. v. HOLDER

No. 03-7123.

410 F.3d 651 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Fred Lloyd HOLDER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 6, 2005.


Attorney(s) appearing for the Case

Gordon Cecil, Assistant United States Attorney, (Sheldon J. Sperling, United States Attorney and Dennis A. Fries, Assistant United States Attorney, with him on the brief), Muskogee, OK, for Plaintiff-Appellee.

Stephen Jones of Jones, Otjen, Davis & Gungoll, Enid, OK, for Defendant-Appellant.

Before KELLY, HOLLOWAY and LUCERO, Circuit Judges.


HOLLOWAY, Circuit Judge.

Fred Lloyd Holder brings this appeal from an order of the district court denying, without a hearing, his motion for relief under 28 U.S.C. § 2255. Holder had earlier been indicted under 18 U.S.C. §§ 1111(a) and 1114(1) for murder in the first degree of David Pickens while Pickens was assisting Kenneth Swift, an employee of the federal government, in performance of his official duties, and for forcibly intimidating and interfering...

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