United States Tenth Circuit

Denial of defendant's Fed. R. Civ. P. 59(e) motion seeking reconsideration of an order construing his Fed. R. Civ. P. 60(b) motion as a successive application under 28 U.S.C. section 2255 is affirmed in part and vacated in part where the motion for reconsideration was itself in part a second section 2255 motion, and in part a "true" Rule 59(e) motion. Defendant's request for a certificate of appealability (COA) is construed as an application to file the second section 2255 motion and is denied.

Appellate Information

• Decided 10/26/2006
• Published 10/26/2006

Judges

• EBEL, Circuit Judge., Before BRORBY and EBEL, Circuit Judges, and KANE, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Enrique Pedraza, Pro se.