Legal Opinion
Earnest L. White, Applicant v. United States
Court of Appeals for the Seventh Circuit
Decided June 15, 2004No. 04-2126PublishedCited by 85 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Earnest White has applied to us pursuant to 28 U.S.C. § 2244(b)(3) for leave to file a successive motion to vacate, under 28 U.S.C. § 2255, his federal criminal judgment. We cannot grant him leave if his claim was “presented in a prior application.” § 2244(b)(1). The claim (that he is not an armed career criminal) was not presented in his previous section 2255 application, but it was presented in his direct appeal from his conviction, by his lawyer, in an Anders brief. In an unpublished order we granted the lawyer’s motion to withdraw and dismissed the appeal as…
2Cases cited11 opinions
- Samuel Todd Taylor v. Charles R. Gilkey, WardenCourt of Appeals for the Seventh Circuit · 2002
- Donald Bennett v. United StatesCourt of Appeals for the Seventh Circuit · 1997
- Jeffery Harris v. United StatesCourt of Appeals for the Seventh Circuit · 2004
- United States v. William Aramony, United States of America v. Thomas J. MerloCourt of Appeals for the Fourth Circuit · 1999
- Gonzalez v. Secretary for the Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2004
6 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Foster v. ChatmanSupreme Court of the United States · 2016
- Deandre Beason v. Matthew MarskeCourt of Appeals for the Seventh Circuit · 2019
- Mark K. Fuller v. United StatesCourt of Appeals for the Seventh Circuit · 2005
- Robin L. Peoples v. United StatesCourt of Appeals for the Seventh Circuit · 2005
- Christopher Stoufflet v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
80 more not listed; retrieve them via the Exa API.