Successive §2255 Motion

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Criminal

7^th Circuit Court of Appeals

Officials: POSNER and KANNE, Circuit Judges, and DARRAH, District Judge

Successive §2255 Motion

No. 14-3049 Benjamin B. Kramer v. United States of America

Subsequent §2255 motion barred considered successive and thus barred.

“In our view, the real disagreement lies with Suggs, and Kramer does not ask us to revisit our opinion in that case. In addition, Kramer does not address what we see as the fundamental question underlying the circuit split: what constitutes the petitioner’s “judgment”? The Eleventh Circuit concluded, for example, that “[h]aving reviewed Magwood and the cases of other circuits, we return to the basic proposition [that] … there is only one judgment, and it is comprised of both the sentence and the conviction.” Insignares, 755 F.3d at 1281. Having concluded that a conviction and sentence comprised one judgment, the Eleventh Circuit necessarily held that a resentencing results in an entirely new judgment. As such, the underlying conviction may then be challenged by a first—not successive—section 2255 motion”

Affirmed.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.