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Monday, August 22, 2016

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

In Jimmie Poe, Sr. v. Leann LaRiva (SD Ind., Lawrence), a 10-page opinion, Judge Kanne writes:

In 1996, a jury convicted Petitioner Jimmie Poe of several narcotics‐related offenses, including engaging in a continuing criminal enterprise (“CCE”). On June 1, 1999, the Supreme Court decided Richardson v. United States, 526 U.S. 813 (1999), which rendered the CCE jury instructions used in Poe’s trial erroneous.

Poe petitioned, on July 16, 1999, for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, challenging his conviction under Richardson. Fourteen months later, the district court dis‐ missed Poe’s § 2241 petition without prejudice, because he should have filed under 28 U.S.C. § 2255. On June 18, 2001, Poe petitioned for a writ of habeas corpus, pursuant to § 2255, which was subsequently denied as time‐barred. We affirmed the district court’s denial of Poe’s § 2255 petition in Poe v. United States, 468 F.3d 473 (7th Cir. 2006).

On October 28, 2014, Poe filed a new § 2241 petition, chal‐ lenging his conviction and sentence in light of Alleyne v. United States, 133 S. Ct. 2151 (2013). The district court denied his petition, again for not filing it under § 2255, and he ap‐pealed. We affirm.

Posted by Marcia Oddi on August 22, 2016 07:18 PM
Posted to Ind. (7th Cir.) Decisions