United States Seventh Circuit

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HENDERSON v. US, 01-2989

Where the district court fails to advise the mislabeling movant that his motion may be deemed a section 2255 motion and offer a chance to withdraw it, the mislabeled motion will not be deemed a section 2255 motion requiring permission for a subsequent 2255 motion.

Appellate Information

  • Submitted 07/30/2001
  • Decided 08/29/2001
  • Published 08/29/2001


  • POSNER, Circuit Judge., Before FLAUM, Chief Judge, and BAUER and POSNER, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • Michael Henderson, Federal Medical Center, Lexington, KY, for petitioner.

  • For Appellees:
  • Keith C. Syfert, Office of the United States Attorney, Rockford, IL, for respondent.