Legal Opinion

Donald Bennett v. United States

Court of Appeals for the Seventh Circuit

Decided March 3, 1997No. 97-9003PublishedCited by 166 opinions

1Opinion of the Court

POSNER, Chief Judge.

Donald Bennett, a federal prisoner, asks us for permission to file a third motion under 28 U.S.C. § 2255 for postconviction relief. As recently amended, the statute, so far as relevant here, forbids a second or successive motion unless we certify “as provided in section 2244” that it contains “newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty.” Section 2244(b)(3)(C), the parallel (but not identical)…

2Cases cited1 opinion

  1. United States v. Donald Bennett and Steven R. KeithCourt of Appeals for the Seventh Circuit · 1990

3Cited by166 opinions

  1. Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  2. Samuel Todd Taylor v. Charles R. Gilkey, WardenCourt of Appeals for the Seventh Circuit · 2002
  3. Keith Lamont Jordan v. Secretary, DOCCourt of Appeals for the Eleventh Circuit · 2007
  4. Case v. HatchCourt of Appeals for the Tenth Circuit · 2013
  5. Goldblum v. KlemCourt of Appeals for the Third Circuit · 2007

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