MELTON v. US, 03-3903
Prisoner's motion for audita querela is in substance a motion under 28 U.S.C. section 2255; because he had not received the court's permission to commence a second or successive collateral attack on his conviction, the district court must dismiss it for lack of jurisdiction.
- Submitted 01/23/2004
- Decided 02/13/2004
- Published 02/13/2004
- EASTERBROOK, Circuit Judge., Before BAUER, EASTERBROOK, and KANNE, Circuit Judges.
- United States Seventh Circuit
- For Appellant:
- Timothy Melton, Loretto, PA, pro se.
- For Appellees:
- John G. McKenzie (submitted), Office of the United States Attorney, Rockford, IL, for Respondent-Appellee.