U.S. v. NELSON

No. 06-6071.

465 F.3d 1145 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Alton Ray NELSON, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 6, 2006.


Attorney(s) appearing for the Case

Submitted on the brief:*

Alton Ray Nelson, Jr., pro se.

Leslie M. Maye, Assistant United States Attorney, Oklahoma City, OK, for Plaintiff-Appellee.

Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.


HARTZ, Circuit Judge.

Alton Ray Nelson Jr. has filed a notice of appeal from the district court's order denying his motion under Fed.R.Civ.P. 15 to amend and supplement his previously denied motion for a writ of habeas corpus under 28 U.S.C. § 2255. Because the motion must be treated as a successive motion for relief under § 2255, we vacate the district court's order for lack of subject-matter jurisdiction, construe Mr. Nelson's notice of appeal and appellate...

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