Federal 7th Circuit Court
Criminal Court
Habeas Corpus
Dist. Ct. did not err in dismissing for lack of jurisdiction plaintiff’s action seeking to “correct record” to reflect that he was not career offender, and thus was entitled to reduced sentence. Defendant had previously filed unsuccessful habeas petition, and dismissal of instant motion was appropriate, where defendant’s motion was essentially successive habeas petition to which defendant had failed to obtain prior permission to file. Ct. rejected defendant’s claim that instant motion was proper under Rule 36 as correction of “clerical error,” where Ct. found that substance of defendant’s motion concerning contents of his pre-sentence report that had characterized his prior convictions in certain way was substantive matter.