U.S. v. Nelson, CR 16-23-GF-BMM. (2018)
Court: District Court, D. Montana
Number: infdco20180823d79
Visitors: 4
Filed: Aug. 22, 2018
Latest Update: Aug. 22, 2018
Summary: ORDER DENYING RECONSIDERATION AND DENYING CERTIFICATE OF APPEALABILITY BRIAN M. MORRIS , District Judge . On July 31, 2018, the Court denied Defendant Nelson's motion under 28 U.S.C. 2255. On August 16, 2018, Nelson moved for reconsideration. The Court will address the motion under Federal Rule of Civil Procedure 59(e). See Rishor v. Ferguson , 822 F.3d 482 , 492 (9th Cir. 2016) ("a timely Rule 59(e) motion that asks the district court to `correct manifest errors of law or fact upon wh
Summary: ORDER DENYING RECONSIDERATION AND DENYING CERTIFICATE OF APPEALABILITY BRIAN M. MORRIS , District Judge . On July 31, 2018, the Court denied Defendant Nelson's motion under 28 U.S.C. 2255. On August 16, 2018, Nelson moved for reconsideration. The Court will address the motion under Federal Rule of Civil Procedure 59(e). See Rishor v. Ferguson , 822 F.3d 482 , 492 (9th Cir. 2016) ("a timely Rule 59(e) motion that asks the district court to `correct manifest errors of law or fact upon whi..
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ORDER DENYING RECONSIDERATION AND DENYING CERTIFICATE OF APPEALABILITY
BRIAN M. MORRIS, District Judge.
On July 31, 2018, the Court denied Defendant Nelson's motion under 28 U.S.C. § 2255. On August 16, 2018, Nelson moved for reconsideration.
The Court will address the motion under Federal Rule of Civil Procedure 59(e). See Rishor v. Ferguson, 822 F.3d 482, 492 (9th Cir. 2016) ("a timely Rule 59(e) motion that asks the district court to `correct manifest errors of law or fact upon which the judgment rests' should not be construed as a second or successive habeas petition.") (emphasis in Rishor).
Nelson does not identify a manifest error of law or fact. He is "not attacking the plea agreement which [he] willingly entered into," Mot. to Reconsider (Doc. 112) at 2, but only asking that he receive credit against his federal sentence for time spent in custody before the federal sentencing hearing, id. He is not entitled to that credit. See 18 U.S.C. § 3583(b). Nelson's allegations do not make a showing of any substance that he was deprived of a constitutional right. See 28 U.S.C. § 2253(c)(2).
Accordingly, IT IS HEREBY ORDERED that Nelson's motion for reconsideration (Doc. 112) is DENIED. A certificate of appealability is DENIED.
Source: Leagle
