Monday, October 16, 2006

habeas corpus winner

US v. Nelson (10/09/06 - No. 06-6071)
An order denying defendant's motion to amend and supplement his previously denied motion for a writ of habeas corpus is vacated for lack of subject matter jurisdiction as the motion had to be treated as a successive motion for relief under 28 U.S.C. section 2255. Further, construing defendant's notice of appeal as an implied application for authorization to file another § 2255 motion, authorization is denied. http://laws.lp.findlaw.com/10th/066071.html

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