« Ind. Decisions - Anglemyer briefs now available | Main | Ind. Decisions - List of Court of Appeals NFP opinions issued for week ending September 8, 2006 »

Friday, September 08, 2006

Ind. Decisions - 7th Circuit decides one Indiana case today

In Demetrius G. Jackson v. Unitied States (ND Ind., Allen Sharp, Judge), a 9-page opinion, Judge Bauer concludes:

Finally, we take a moment to address Jackson’s claim that his right to challenge his enhanced sentence is “manifest.” App. Br. at 14. While it is true that our jurisprudence is replete with general reasons why a defendant may challenge his sentence, we have never held the right to such challenges is without limit, as his use of the word “manifest” seems to imply. Indeed, Jackson’s argument ignores the strictures placed on our jurisdiction by the Antiterrorism and Effective Death Penalty Act of 1996, under which§ 2255 was most recently amended. Moreover, each case upon which he relies to support this claim to a “manifest” right address appeals either from a denial of a timely filed initial § 2255 motion, or directly following the imposition of a sentence. See App. Br. at 14-15.

For the foregoing reasons, the decision of the district court is AFFIRMED.

Posted by Marcia Oddi on September 8, 2006 01:44 PM
Posted to Ind. (7th Cir.) Decisions