District court’s denial of a defendant’s Apprendi challenge in a motion filed under 28 U.S.C. section 2255 is affirmed but the motion should have been dismissed rather than denied as the district court has no jurisdiction to entertain a successive section 2255 motion without the consent of the court of appeals, which was not sought or given in this case, and defendant’s second motion was in substance and therefore in law a section 2255 motion.
Read US v. Boyd, No. 09-2067
Appellate Information
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division
Decided January 14, 2010
Judges
Before: Ripple, and Posner and Rovner, Circuit Judges
Opinion by Circuit Judge Posner
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