Keith Jelks v. United States
Keith Jelks v. United States
Opinion
USCA11 Case: 24-12316 Document: 27-1 Date Filed: 12/10/2025 Page: 1 of 2
NOT FOR PUBLICATION
In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-12316 Non-Argument Calendar ____________________
KEITH JELKS, Petitioner-Appellant, versus
UNITED STATES OF AMERICA, Respondent-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Florida D.C. Docket Nos. 1:19-cv-00321-MW-GRJ, 1:17-cr-00014-MW-GRJ ____________________
Before NEWSOM, GRANT, and BRASHER, Circuit Judges. PER CURIAM: Keith Jelks, a federal prisoner proceeding pro se, appeals the district court’s order denying his motion to reopen his sentence. USCA11 Case: 24-12316 Document: 27-1 Date Filed: 12/10/2025 Page: 2 of 2
2 Opinion of the Court 24-12316
Although Jelks’s filing was styled as a Rule 60(b) motion, the district court construed it as a second or successive 28 U.S.C. § 2255 petition. See Gonzalez v. Crosby, 545 U.S. 524, 531 (2005); Fed. R. Civ P. 60(b). Rightly so. Jelks sought to “add a new ground for relief” from his sentence: that the district court wrongly enhanced his sentence under 28 U.S.C. § 851 after finding that his prior state drug conviction qualified as a serious drug offense. Gonzalez, 545 U.S. at 532. Because he did not obtain authorization from this Court to file a successive habeas petition, the district court lacked jurisdiction to consider his request. See United States v. Holt, 417 F.3d 1172, 1175 (11th Cir. 2005). We thus GRANT the government’s motion for summary affirmance. 1 * * * The district court’s judgment is AFFIRMED.
1 We also DENY Jelks’s motions to adopt certain statements as facts, to strike
the government’s response, and for judicial notice.
Reference
- Status
- Unpublished