United States Sixth Circuit

Defendant's stay of execution is vacated where the district court lacked jurisdiction over defendant's amended motion since it is equivalent to a second or successive habeas petition.

Appellate Information

• Decided 12/14/2004
• Published 12/14/2004

Judges

• Before:  BOGGS, Chief Judge;  and RYAN and BATCHELDER, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph F. Whalen III, Office of the Attorney General, Nashville, Tennessee, for Appellant.  Paul R. Bottei, Federal Public Defender's Office, Nashville, Tennessee, for Appellee.   ON BRIEF:  Joseph F. Whalen III, Office of the Attorney General, Nashville, Tennessee, for Appellant.  Paul R. Bottei, Federal Public Defender's Office, Nashville, Tennessee, for Appellee.