The 10th Circuit Court of Appeals on Jan. 23 partially revived post-conviction proceedings for federal inmate Monterial Wesley, ruling that part of his Rule 60(b) motion was improperly treated as a successive habeas petition.
In a published order, the court held that Wesley’s claim alleging fraud on the court during his prior § 2255 proceedings constitutes a “true” Rule 60(b) motion and remanded that issue to the district court. However, the panel denied authorization for Wesley to file a second or successive § 2255 motion challenging his sentence or conviction based on alleged new evidence of prosecutorial misconduct, concluding he failed to meet the statutory standard.
The ruling matters because it tightens the rules on successive post-conviction challenges, while clarifying when courts must still step in to protect the integrity of the habeas process.
To read the full published opinion, visit ca10.uscourts.gov/sites/ca10/files/opinions/010111374516.pdf.