BENNETT v. U.S.

No. 97-9003.

119 F.3d 468 (1997)

Donald BENNETT, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Seventh Circuit

Decided March 3, 1997.


Attorney(s) appearing for the Case

Donald R. Bennett (submitted on briefs), Chicago, IL, pro se.

Barry Rand Elden, Chief of Appeals, Office of the United States Attorney, Criminal Appellate Division, Chicago, IL, for Respondent.

Before POSNER, Chief Judge, and BAUER and COFFEY, Circuit Judges.


POSNER, Chief Judge.

Donald Bennett, a federal prisoner, asks us for permission to file a third motion under 28 U.S.C. § 2255 for postconviction relief. As recently amended, the statute, so far as relevant here, forbids a second or successive motion unless we certify "as provided in section 2244" that it contains "newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient...

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