United States v. Washington, No. 11-4079 (10th Cir. 2011)
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Pro se prisoner Defendant Darrell Washington sought to appeal the district court's dismissal of his motion for post-conviction relief. The court found Defendant's motion was essentially an unauthorized second or successive motion for such relief. Defendant was sentenced to 360 months' imprisonment for drugs and weapons charges. Defendant contended that the district court erred by not considering his "legal-innocence" issues before it dismissed his motion. Defendant applied to the Tenth Circuit for a certificate of appealability (COA) to challenge the district court. "Because at its core Mr. Washington’s Rule 60(b) motion sought renewed consideration of claims already decided against him," the Tenth Circuit found that the district court properly dismissed Defendant's motion for lack of jurisdiction. Accordingly, the Court denied Defendant's application for a COA and dismissed his appeal.
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