United States of America v. Tony Morris

NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted December 20, 2011*
Decided June 11, 2012
Before
FRANK H. EASTERBROOK, Chief Judge
RICHARD A. POSNER, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge
No. 11-2544
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
TONY MORRIS,
Defendant-Appellant.
Appeal from the United
States District Court for
the Eastern District of
Wisconsin.
No. 02-CR-129
Rudolph T. Randa, Judge.
Order
This appeal is a replay of United States v. Redd, 630 F.3d 649 (7th Cir. 2011).
Defendant asked for a reduction under a retroactive Guideline. The judge
reduced the sentence, but not as much as Morris desired. He did not appeal.
Several months later, Morris again asked the district judge for a lower
sentence. Redd holds that this sequence is not permissible. Once a district judge
resolves an application under §3582(c)(2), the defendant can’t file another—and
Redd holds that a motion for reconsideration filed after the time for appeal has
expired must be treated as a fresh application. Morris’s second request, whether
treated as a new motion or as a request for reconsideration, therefore was
properly denied, and the district court’s decision is affirmed.
* This successive appeal has been submitted to the original panel under Operating Procedure 6(b).
After examining the briefs and the record, we have concluded that oral argument is unnecessary.
See Fed. R. App. P. 34(a); Cir. R. 34(f)

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