Plea & Sentencing Collateral-attack Waivers.

• Author: Hawkins, Derek
• Position: Yorie Von Kahl v. Michael Segal

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Yorie Von Kahl v. Michael Segal, Warden, et al.,

Case No.: 19-3026

Officials: EASTERBROOK, WOOD, and SCUDDER, Circuit Judges.

Focus: Plea & Sentencing Collateral-attack Waivers

Yorie Von Kahl is serving a life sentence, plus consecutive terms of ten and five years' imprisonment, for murdering two deputy United States Marshals and committing related crimes.* The judgment was affirmed on direct appeal, and a collateral attack under 28 U.S.C. 2255 failed. United States v. Faul, 748 F.2d 1204 (8th Cir. 1984); Von Kahl v. United States, 242 F.3d 783 (8th Cir. 2001). A debate about the length of his custody is the principal issue in Von Kahl's petition under 28 U.S.C. 2241.

Von Kahl also wants to relitigate the issues presented in his collateral attack, but 2241 allows review of a conviction or sentence only when 2255 is inadequate, see 2255(e), and we know that 2255 is adequate to resolve these issues because they were resolved under that statute. Section 2241 is not a means to get a second opinion in a different circuit. See Vialva v. Watson, 975 F.3d 664 (7th Cir. 2020); Lee v. Watson, 964 F.3d 663 (7th Cir. 2020); Roundtree v. Krueger, 910 F.3d 312 (7th Cir. 2018); Harris v. Warden, 425 F.3d 386 (7th Cir. 2005). No more need be said on this subject.

So Von Kahl's presumptive release date is February 12, 2023. The Bureau must let him go then unless the Commission acts...