U.S. v. PICKARD

Nos. 11-3277, 11-3279.

676 F.3d 1214 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. William Leonard PICKARD, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Clyde Apperson, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 16, 2012.


Attorney(s) appearing for the Case

Submitted on the briefs:*

William K. Rork , Rork Law Office, Topeka, KS, for Defendants-Appellants.

James A. Brown , Assistant United States Attorney, ( Barry R. Grissom , United States Attorney, with him on the brief), District of Kansas, Topeka, KS, for Plaintiff-Appellee.

Before HARTZ, O'BRIEN, and HOLMES, Circuit Judges.


HARTZ, Circuit Judge.

Defendants William Leonard Pickard and Clyde Apperson are federal prisoners who have been pursuing relief under 28 U.S.C. § 2255. They seek review of the district court's decision declining to rule on a motion to unseal documents for use during the postconviction proceedings. The court decided that it lacked jurisdiction to consider the motion because the underlying postconviction proceedings were before this court on appeal. We hold that...

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