JUAN M. WHITE, Petitioner-Appellant,
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.
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.
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 § 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 ...