DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
142853P.pdf 07/13/2015 United States v. Daniel Lee
U.S. Court of Appeals Case No: 14-2853
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Murphy, Author, with Colloton and Kelly, Circuit Judges]
Prisoner case - Habeas. For the court's prior opinion on Lee's habeas
petition, see U.S. v. Lee, 715 F.3d 215 (8th Cir 2013). The district court
did not err in denying Lee's Rule 60(b) motion for lack of
precertification by the Circuit Court since it was seeking to reopen a
claim which had been raised in his initial habeas petition and decided by
the district court; no evidentiary omission by counsel in Lee's first
Section 2255 petition amounted to a procedural defect in the integrity of
the habeas proceeding and any attempt to relitigate the merits denial of
the petition would count as a second or successive habeas subject to
AEDPA's precertification demands.