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Man can't collaterally attack sentence again

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The 7th Circuit Court of Appeals has again denied a man's attempt to have his drug conviction overturned or sentence reduced because he had used the one 28 U.S.C. Section 2255 motion he was allowed and he can't challenge his sentence again under the same section.

Kevin Unthank appealed his 262-month sentence for drug convictions in Kevin Unthank v. Brian Jett, Warden, Federal Correctional Institute at Terre Haute, Indiana, No. 08-1417, something he had been doing for more than a decade, the federal appellate court noted.

Unthank filed his latest post-conviction appeal in 2007 after he was transferred to the prison in Terre Haute. U.S. District Judge Larry J. McKinney dismissed that petition.

Unthank appealed because he believed since one of his state convictions was vacated, his federal sentence should be reduced. But his collateral attack in his 1998 motion under 28 U.S.C. Section 2255 blocks access to the kind of review of his case authorized by Johnson v. United States, 544 U.S. 295 (2005), wrote Chief Judge Frank Easterbrook. Section 2255 allows for only one collateral attack unless a prisoner meets the conditions under subsection (h), which Unthank doesn't qualify for, wrote the chief judge.

Unthank also can't use Section 2241 to challenge his sentence, which he thinks can be used when a motion under Section 2255 is inadequate or ineffective to test the legality of his detention. The case, Taylor v. Gilkey, 314 F.3d 832 (7th Cir. 2002), rejected this line of argument, wrote Chief Judge Easterbrook.

"If Unthank wanted to use (Section) 2255 to argue for a lower sentence after asking a state court to vacate one or more of his prior convictions, he had only to refrain from filing a collateral attack until the state court had acted," he wrote. "He may have used unwisely the one (Section) 2255 motion allowed as of right, but he did use it in 1998 and has not met the statutory requirements for an additional round of collateral review."

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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