Suggs v. U.S.

Federal 7th Circuit Court
Criminal Court
Citation
Case Number: 
No. 10-3944
Decision Date: 
January 17, 2013
Federal District: 
S.D. Ill.
Holding: 
Affirmed
Dist. Ct. did not err in dismissing defendant’s second habeas petition that challenged his drug conviction by alleging a potential Brady violation after finding that said petition constituted unauthorized second or successive petition where defendant had previously filed habeas petition that successfully challenged his sentence. Instant petition, which was filed after defendant’s resentencing, constituted improper second habeas petition within meaning of 28 USC section 2255 where Brady issue in instant petition was unrelated to any error in resentencing and could have been included in first habeas petition.