69 F. 3d 549 - United States v. P Reddeck

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 cause is therefore ordered submitted without oral argument.

Edward P. Reddeck, appellant, was convicted on twenty-two counts of mail fraud and one count of using a fictitious name. His conviction was affirmed on appeal, United States v. Reddeck, 22 F.3d 1504 (10th Cir.1994); however, his case was remanded to the district court for resentencing. Following the imposition of a new sentence after remand, Mr. Reddeck has brought this appeal acting as his own attorney.

Although the only matter over which we have jurisdiction in the record before us is the new sentence imposed by the district court, Mr. Reddeck raises no issues directly related to that sentence. Instead, in a rambling and conclusory string of assertions, he apparently contends he has been a long-standing victim of governmental persecution. In addition to his "brief," he has filed "emergency" motions for various collateral relief including habeas corpus, temporary restraint, and preliminary injunction.

Although the nature of Mr. Reddeck's contentions is difficult to understand, we assume he claims the alleged conspiracy to deprive him of his first amendment rights has somehow infected his conviction. That claim is beyond our jurisdiction. Matters pertinent to Mr. Reddeck's guilt or innocence should have been raised in his initial appeal. Having failed to do so, Mr. Reddeck is bound by the court's judgment. See Callanan v. United States, 274 F.2d 601, 605 (8th Cir.1960), aff'd, 364 U.S. 587 (1961). There being no further issues before us, the judgment of the district court is AFFIRMED; all other motions are DENIED.