United States Seventh Circuit

Denial of a defendant's Apprendi challenge in a motion filed under the old Rule 35(a) of the Federal Rules of Criminal Procedure is modified and affirmed as: 1) defendant's second motion was in substance and therefore in law a successive 28 U.S.C. section 2255 motion; and 2) the motion should have been dismissed rather than denied since the district court has no jurisdiction to entertain a successive 28 U.S.C. section 2255 without the consent of the court of appeals, which was not sought or given in this case.

Appellate Information

• Decided 01/14/2010
• Published 01/14/2010

Judges

Court

• United States Seventh Circuit

Counsel