WHITE v. U.S.

No. 04-2126.

371 F.3d 900 (2004)

Earnest L. WHITE, Applicant, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided June 2, 2004.

Opinion June 15, 2004.


Attorney(s) appearing for the Case

Earnest L. White, Federal Correctional Institution, Beaumont, TX, pro se.

James M. Cutchin, Office of the United States Attorney, Benton, IL, for Respondent.

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


POSNER, Circuit Judge.

Earnest White has applied to us pursuant to 28 U.S.C. § 2244(b)(3) for leave to file a successive motion to vacate, under 28 U.S.C. § 2255, his federal criminal judgment. We cannot grant him leave if his claim was "presented in a prior application." § 2244(b)(1). The claim (that he is not an armed career criminal) was not presented in his previous section 2255 application, but it was presented in his direct appeal from his conviction...

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