Parties Cannot Waive Lack of Subject Matter Jurisdiction in 2255 Proceedings

U.S. v. Wetzel-Sanders, 2015 WL 7173321 (11/16/15) (Kan.) (published) - government joinder in a second § 2255 motion did not cure a successive petition problem. The district court lacked subject matter jurisdiction because there was no newly discovered evidence or reliance on a court decision that announced a new rule of constitutional law made retroactive by the Supreme Court. Although the parties agreed that a state criminal threat conviction was wrongly used as a predicate for a career offender sentence because the offense was not punishable by a sentence of imprisonment exceeding one year, the parties cannot waive the lack of subject matter jurisdiction.