US v. Boyd, No. 09-2067

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