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Culture Documents
NOV 24 1998
PATRICK FISHER
Clerk
v.
DAMON JOE NELSON,
Defendant-Appellant.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal.
See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
because, for the reasons stated in its order on the merits of the
2255 motion,
accord
Goodman v. United States , 151 F.3d 1335, 1337 (11th Cir. 1998);
Brown v.
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Angelone , 150 F.3d 370, 375 (4th Cir. 1998) (noting vast majority of courts
addressing this question are in accord with
Simmonds ).
2255
(1988), until April 24, 1997. The motion was therefore untimely. And, as all of
counsels challenged conduct concerned matters of which defendant had long
been aware -- indeed, matters he allegedly urged upon counsel at the time of
trial -- there is no basis for deviating from the apparently firm deadline of
April 24, 1997 . . . for motions . . . under
John C. Porfilio
Circuit Judge
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