John Jackson v. United States ( 1996 )


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  •                                     ___________
    No. 95-3331
    ___________
    John James Jackson,                     *
    *
    Appellant,                *   Appeal from the United States
    *   District Court for the
    v.                                 *   District of Minnesota.
    *
    United States of America,               *            [UNPUBLISHED]
    *
    Appellee.                 *
    ___________
    Submitted:    June 7, 1996
    Filed:   June 25, 1996
    ___________
    Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
    ___________
    PER CURIAM.
    John James Jackson appeals from the district court's order denying
    his 28 U.S.C. § 2255 motion to vacate his sentence.       We remand for
    further proceedings.
    A jury convicted Jackson of bank robbery.       At sentencing, the
    district court denied Jackson's request for a downward departure, and
    sentenced him as a career offender to a term of 300 months imprisonment.
    We affirmed his conviction.     United States v. Jackson, 
    41 F.3d 1231
    ,
    1234 (8th Cir. 1994) (per curiam).
    On April 20, 1995, Jackson filed a motion for sentence reduction
    under 18 U.S.C. § 3582(c)(2) (sentence may be reduced
    after sentencing when United States Sentencing Commission subsequently
    reduces sentencing range), arguing that he received ineffective
    assistance of counsel at sentencing.    On June 7, 1995, Jackson filed a
    separate section 2255 motion, arguing his conviction was obtained in
    violation of due process; the court failed to instruct the jury about
    his mental illness; and he received ineffective assistance of counsel.
    Both motions were filed in the criminal case; the section 2255 motion
    was also given a civil case number.    Jackson also moved to consolidate
    this motion with his section 3582 motion to reduce his sentence.
    On June 30, 1995, the district court denied Jackson's section
    3582(c) motion to reduce his sentence, and concluded that, even
    construed as a motion under section 2255, the claims were without merit.
    On July 24, 1995, Jackson filed a "Motion for Notice of Inquiry"
    concerning the status of his June 7 section 2255 motion.    On August 22,
    1995, the district court indicated it had denied both the section 3582
    and section 2255 motions on June 30, and it denied Jackson's motion as
    moot.    Jackson filed his notice of appeal on September 6, 1995,
    appealing the denial of his "28 U.S.C. § 2255 motion with a final ORDER
    on August 22, 1995."
    First, we conclude we lack jurisdiction over the district court's
    June 30 order denying Jackson's section 3582(c) motion because Jackson's
    September 6 notice of appeal was untimely.
    We further conclude that the district court erred in denying as
    moot Jackson's motion of notice of inquiry.    In that motion, Jackson
    inquired as to the status of his section 2255 motion, and the district
    court mistakenly concluded that it had addressed the section 2255
    motion.    Because the district court had not yet addressed the issues
    Jackson raised in his separate section 2255 motion, we remand for
    consideration of the claims raised therein.
    We deny Jackson's motion for an entry of default.
    A true copy.
    Attest:
    CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
    

Document Info

Docket Number: 95-3331

Filed Date: 6/25/1996

Precedential Status: Non-Precedential

Modified Date: 4/18/2021