United States Tenth Circuit

Upon transfer from a district court to allow movant to obtain authorization to file a second or successive section 2255 motion, his motion to remand is granted where: 1) his Rule 60(b) motion raised the kind of claim that challenged only the integrity of earlier section 2255 proceedings, and not the underlying conviction and sentence; and 2) thus, it constituted a "true" Rule 60(b) claim, and not a second or successive section 2255 motion for which the circuit court's prior authorization had to be obtained under section 2255 para. 8.

Appellate Information

• Decided 11/22/2006
• Published 11/22/2006

Judges

• Before KELLY, LUCERO, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael C. Peach, Terre Haute, IN, pro se.


• For Appellees:
  
• Lanny D. Welch, Office of the United States Attorney, Wichita, KS, for Respondent.