Prisoner Sees Habeas Appeal Tossed Following High Court Ruling

July 7, 2023, 8:41 PM UTC

A prisoner who says he was incorrectly deemed an armed career criminal in 2007 can’t challenge the sentencing court’s imposition of a 15-year mandatory minimum, the Seventh Circuit said.

While the prisoner’s appeal was pending, the Supreme Court decided Jones v. Hendrix, holding that the “savings clause” found in 28 USC §2255(e)—which covers remedies on motions attacking a sentence—doesn’t allow a prisoner to use a habeas petition to sidestep the Anti-terrorism and Effective Death Penalty Act’s restrictions on second or successive motions made under the statute.

Section 2255 authorizes prisoners to collaterally attack a conviction or sentence by ...

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