Criminal Procedure — collateral attacks

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United States Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure — collateral attacks

A motion to reopen filed under FRCP 60(d)(1) is subject to the time limits under that statute regardless of the relief sought.

“Gonzalez held that a Rule 60 motion that presents a claim for release from prison should be treated the same way as a new petition for collateral relief, no matter what its caption. The Court did not say that the document is something other than a motion under Rule 60. Indeed, Gonzalez repeatedly referred to the motion in that case as “the Rule 60 motion”. What the Court concluded, rather, is that a motion under Rule 60 that makes a claim for release from prison may be granted only if the prisoner satisfies the requirements of §2244(b) and, if necessary, §2255(h). Treating a self-styled ‘Rule 60 motion’ as a Rule 60 motion for the purpose of Rule 58(a)(5) even when the motion demands release from prison (or a shorter term of imprisonment) therefore does not conflict with Gonzalez.”

Dismissed.

11-3126 Lawaury v. U.S.

Appeal from the United States District Court for the Central District of Illinois, Mills, J., Easterbrook, J.