Legal Opinion
Michael Henderson v. United States
Court of Appeals for the Seventh Circuit
Decided August 29, 2001No. 01-2989PublishedCited by 38 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Henderson moves us for leave to file a second motion under 28 U.S.C. § 2255 attacking his conviction and sentence. In United States v. Evans, 224 F.3d 670 (7th Cir.2000), we held that a postconviction motion that is functionally, substantively, a motion under section 2255 (the federal prisoner’s habeas corpus substitute) should be treated as such, even if labeled differently (in that case, as a motion under Rule 33 of the Federal Rules of Criminal Procedure), for purposes of determining whether a subsequent section 2255 motion should be deemed a successive such motion;…
2Cases cited20 opinions
- Felker v. TurpinSupreme Court of the United States · 1996
- United States v. Quentin Miller, A/K/A "Q" Quentin MillerCourt of Appeals for the Third Circuit · 1999
- Eric Adams v. United StatesCourt of Appeals for the Second Circuit · 1998
- Pratt v. United StatesCourt of Appeals for the First Circuit · 1997
- Anthony Alexander v. United StatesCourt of Appeals for the Seventh Circuit · 1997
15 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Castro v. United StatesSupreme Court of the United States · 2003
- Timothy Melton v. United StatesCourt of Appeals for the Seventh Circuit · 2004
- John T. Martin v. Edward PerezCourt of Appeals for the Sixth Circuit · 2003
- United States v. Shahborn EmmanuelCourt of Appeals for the Fourth Circuit · 2002
- Leroy Nolan v. United StatesCourt of Appeals for the Seventh Circuit · 2004
33 more not listed; retrieve them via the Exa API.