Wednesday, November 15, 2017

Alleging Fraud on the Court Does Not Excuse Petitioner from Complying with AEDPA Requirements

U.S. v. Springer, 2017 WL 5247785 (11/13/17) (Okla. published) - Mr. Springer had been convicted of conspiracy to defraud the U.S., tax evasion, and willful failure to file tax returns. He filed a "motion to enjoin enforcement" of the judgment against him, claiming prosecutors committed fraud on the court by misrepresenting their authority to prosecute him. The district court had summarily dismissed the motion on the merits as frivolous. The Tenth decides it lacks jurisdiction and dismisses for that reason. Mr. Springer's motion constituted a second or successive ยง 2255 because it challenged his underlying conviction; the district court lacked subject matter jurisdiction to decide it on the merits because Mr. Springer did not obtain certification to file a second or successive motion. A claim of fraud on the court is not excused from compliance with AEDPA. Both the certification to file a second or successive motion and a certificate of appealability are jurisdictional prerequisites to federal courts' exercise of subject matter jurisdiction under AEDPA. The Tenth dismisses Mr. Springer's appeal because he failed to make the necessary showing to obtain a certificate of appealability.