United States Tenth Circuit

A sentence for mail fraud is remanded for resentencing where the district court erred as it was without authority to stay the execution of defendant's sentence, and dismissal of defendant's section 2255 motion is reversed since the motion was not premature and defendant's counsel was not required to sign the petition at issue.

Appellate Information

• Decided 06/02/2006
• Published 06/02/2006

Judges

• KELLY, Circuit Judge., Before TACHA, Chief Judge, BALDOCK and KELLY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Darrell D. Prows, filed a brief pro se., Andrew A. Vogt and Suneeta Hazra, Assistant United States Attorneys (William J. Leone, United States Attorney, with them on the briefs), Denver, CO, for Plaintiff.


• For Appellees:
  
• Madeline S. Cohen, Assistant Federal Public Defender, Denver, CO and Scott Keith Wilson, Assistant Federal Public Defender, Salt Lake City, UT (Raymond P. Moore, Federal Public Defender, Denver, CO, and Steven B. Killpack, Federal Public Defender, Salt Lake City, UH with them on the briefs), for Defendant.