Motion urging reconsideration of denial of relief from conviction may be improper successive habeas petition

HABEAS/COLLATERAL REVIEW United States v. Pedraza, No. 05-2141, ___ F.3d ___ (10th Cir. Oct. 25, 2006)(New Mexico). Appeal of district court’s refusal to reconsider motion denied as unauthorized second or successive 28 U.S.C. § 2255 habeas motion. HELD: Motion to reconsider, brought under Rule 59(e) of Federal Rules of Civil Procedure, like denied Rule 60(b) motion that in substance asserted federal basis for relief from petitioner’s underlying conviction, was actually second or successive habeas petition requiring authorization by court of appeals under 28 U.S.C. § 2244(b) in order to proceed in district court. Read the opinion here.