Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

White v. United States

United States Court of Appeals, Seventh Circuit

March 14, 2014

JUAN M. WHITE, Petitioner-Appellant,
v.
UNITED STATES OF AMERICA, Respondent-Appellee

Submitted February 18, 2014.

Appeal from the United States District Court for the Central District of Illinois. No. 13-CV-2070 -- Michael P. McCuskey, Judge.

Juan White, Petitioner - Appellant, Pro se, Greenville, IL.

For United States of America, Respondent - Appellee: Colin S. Bruce, Office of The United States Attorney, Urbana, IL.

Before EASTERBROOK, KANNE, and ROVNER, Circuit Judges.

OPINION

Page 835

Easterbrook, Circuit Judge.

A jury convicted Juan White of distributing more than 50 grams of cocaine base, 21 U.S.C. § 841(a)(1), and a judge sentenced him to 360 months' imprisonment. He filed and lost a collateral attack under 28 U.S.C. § 2255. After the Sentencing Commission adopted Amendment 750, which retroactively cut the offense levels for crack-cocaine offenses, White asked the judge to reduce his sentence under 18 U.S.C. § 3582(c). The judge calculated the newly applicable range under Amendment 750 and in June 2012 reduced White's sentence to 292 months.

Nine months later White filed another § 2255 petition. He contends that his sentence is illegally high because the Guidelines range calculated in 2006 is wrong. According to White, the judge should not have treated him as a manager or supervisor of other criminals, and should have deducted offense levels for acceptance of responsibility. Had the judge done things properly in 2006, White maintains, he would have received a lower sentence in 2012 after the Sentencing Commission modified the quantity table for crack cocaine.

Without deciding whether either of White's contentions is within the ambit of § 2255, the district judge dismissed the petition as barred by 28 U.S.C. § 2244 and § 2255(h). These statutes forbid any " second or successive" petition that has not been authorized by the court of appeals under specified criteria--and White does not contend that his current petition is authorized under those criteria. The district judge also observed that the petition is untimely under § 2255(f), which (again with irrelevant exceptions) gives a prisoner only one year to launch a collateral attack.

To contest this decision on appeal, White needs a certificate of appealability. 28 U.S.C. § 2253(c). His principal arguments concern the meaning of 28 U.S.C. § 2244 and § 2255, but a certificate may be issued if the appellant makes a substantial showing that he has been deprived of a constitutional right, § 2253(c)(2), and antecedent statutory issues also are substantial.

Page 836

See Slack v. McDaniel, 529 U.S. 473, 484-85, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000). We need not decide whether White has a substantial constitutional objection to his sentence, because his statutory contentions do not meet Slack' s standard.

White contends that his sentence reduction in 2012 not only restarted the clock under ยง 2255(f) but also reset to zero his count of collateral attacks. According to White, a new clock and a new count accompanies every new sentence. No other court of appeals ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.