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U.S. v. EVANS

No. 99-1187.

224 F.3d 670 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus O. EVANS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 2000.

Attorney(s) appearing for the Case

Keith C. Syfert, Office of the U.S. Attorney, Rockford, IL, for Plaintiff-Appellee.

Marcus Evans, U.S. Penitentiary, Terre Haute, IN, for Defendant-Appellant.

Before POSNER, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.

EASTERBROOK, Circuit Judge.

This appeal presents the question whether a motion for a new trial, purportedly based on Fed.R.Crim.P. 33, is a collateral attack on a criminal judgment, and therefore subject to the rule that advance appellate approval is required to initiate a successive collateral attack. 28 U.S.C. § 2255 ¶ 8. Two of our decisions—United States v. Woods, 169 F.3d 1077 (7th Cir. 1999), and O...

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