United States Seventh Circuit

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US v. Rollins, 09-2293

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

  • Submitted 05/26/2010
  • 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.