153160P.pdf   11/28/2018  Keith Nelson  v.  United States
   U.S. Court of Appeals Case No:  15-3160
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Wollman and Colloton, Circuit Judges] 
   Prisoner case - Habeas - Federal death penalty. For the court's opinion on 
   Nelson's direct appeal, see U.S. v. Nelson, 347 F.3d 701 (8th Cir. 2003). 
   For the court's prior opinion in Nelson's habeas, see Nelson v. United 
   States, 297 F. App'x 563 (8th Cir. 2008). On Nelson's claims of 
   ineffective assistance of counsel, held: (1) the jury heard substantial 
   mitigating evidence and there was no reasonable probability that the 
   outcome of its deliberations on the death sentence would have been any 
   different if the evidence produced at the habeas evidentiary hearing had 
   been introduced during the penalty phase of the case, and the district 
   court did not err in denying Nelson's ineffective assistance of counsel 
   claims concerning failure to conduct an adequate mitigation investigation, 
   failure to adequately investigate his mental health and failure to advise 
   or instruct Nelson to decline to submit to a mental health exam by a 
   government examiner; and (2) Nelson's claim that trial counsel was 
   ineffective for advising him to plead guilty is not of the same time and 
   type as the other ineffective assistance of counsel claims in his original 
   petition and does not relate back to his original Section 2255 motion.