United States v. Lawuary, No. 11-3126 (7th Cir. 2012)
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Defendant pleaded guilty to distributing cocaine and was sentenced to life in prison. The Seventh Circuit affirmed in 2000. Defendant's collateral attack under 28 U.S.C. 2255 was unsuccessful. Almost a decade later, he filed a motion, asking the court to reopen the case. The judge treated it as a successive collateral attack, and dismissed for lack of jurisdiction. Defendant filed notice of appeal 186 days later, after the time allowed by 28 U.S.C. 2107 and Fed.R.App.P. 4(a)(1)(A), unless the appeal is saved by Rule 4(a)(7). If Rule 4(a)(7) requires a separate document, in addition to entry of the order on the docket, the date of "entry" is postponed until the district court complies with Rule 58 (requiring entry of a separate judgment), or 150 days have passed, whichever happens first. The district judge did not enter a Rule 58 judgment. If one was required, the time for appeal started 150 days after March 14, 2011, and the appeal was timely. The Seventh Circuit dismissed the appeal. Disposition of a motion filed in a 2255 proceeding, long after final judgment, does not require a separate Rule 58 judgment.
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