United States Seventh Circuit

District court's denial of defendant's motion for reconsideration of the court's denial of a motion for a new trial based on newly discovered evidence is vacated where: 1) defendant filed his motion to reconsider within the time available for appeal and sought a substantive modification of the judgment, and therefore, the motion suspended the finality of the district court's order; and 2) the district court should have treated defendant's motion as a petition under section 2255 and asked him whether he wished to proceed on that basis or to have the motion dismissed.

Appellate Information

• Decided 06/09/2010
• Published 06/09/2010

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and POSNER and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• James E. Rollins, Sr., Millington, TN, pro se.


• For Appellees:
  
• J. Christopher Moore, Attorney, Office of the United States Attorney, Fairview Heights, IL, for Plaintiff-Appellee.