Willie Edwards, Jr. v. United States, 266 F.3d 756 (7th Cir. 2001). · Go Syfert
Willie Edwards, Jr. v. United States, 266 F.3d 756 (7th Cir. 2001). Cases Citing This Book View Copy Cite
83 citation events (83 in the last 25 years) across 18 distinct courts.
Strongest positive: Jarrard v. Mathias (innd, 2025-09-19)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
cited Cited as authority (rule) Jarrard v. Mathias
N.D. Ind. · 2025 · confidence medium
(See DE # 1 at 4; Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (describing prison mailbox rule).) denial of Grievance 180358, which was a necessary step to exhaust the grievance.
discussed Cited as authority (rule) Wright v. Galipeau
N.D. Ind. · 2024 · confidence medium
See ECF 1 at 3; Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (describing prison mailbox rule). and cannot exhaust his remedies while his lawsuit is pending); Ford v. Johnson, 362 F.3d 395, 398 (7th Cir. 2004) (a prisoner cannot file a lawsuit first and exhaust his administrative remedies later).
discussed Cited as authority (rule) Sheppard v. Crasper
E.D. Wis. · 2024 · confidence medium
But he does not state when he deposited his amended complaint in the prison mailbox with the correct postage, nor does he certify under penalty of perjury that he sent it before the deadline, so he is not entitled to the benefit of the “mailbox rule.” See Edwards v. U.S., 266 F.3d 756, 758 (7th Cir. 2021).
discussed Cited as authority (rule) Smith v. Stevens
E.D. Wis. · 2024 · confidence medium
Under the “mailbox rule,” the court treats an incarcerated person’s documents as filed when he properly gives them to “prison staff . . . regardless of whether they are ultimately mailed or uploaded.” Taylor v. Brown, 787 F.3d 851, 859 (7th Cir. 2015) (mailbox rule applies to incarcerated person’s e-filing); Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (mailbox rule applies to Rule 59(e) motions).
cited Cited as authority (rule) Mayberry v. Hyatt
N.D. Ind. · 2023 · confidence medium
Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001). appeal form, which he received on February 14, 2022.
discussed Cited as authority (rule) Patterson v. Meisner
E.D. Wis. · 2022 · confidence medium
TIMELINESS AND LEGAL STANDARD The “prison mailbox rule” provides that “a notice of appeal filed by a pro se prisoner would be considered ‘filed’ at the moment of delivery to the prison authorities, rather than at a later point in time after the authorities had forwarded the notice to the court and the court had formally recorded its receipt.” Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (citations omitted).
cited Cited as authority (rule) Niewiedzial v. Guzman
N.D. Ill. · 2022 · confidence medium
This rule applies to all district court filings except in “exceptional situations.” Id. at 858; Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001).
discussed Cited as authority (rule) Lindsley v. Rodriguez
N.D. Ind. · 2021 · confidence medium
Under the prison mailbox rule, see Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001), his complaint is deemed filed as of that date, more than two years after he was allegedly beaten by the officers.
discussed Cited as authority (rule) Thomas Harris v. Brian Schaller
7th Cir. · 2020 · confidence medium
This rule treats a prisoner’s documents as filed when the prisoner properly tenders them “to prison staff … regardless of whether they are ultimately mailed or uploaded.” Taylor v. Brown, 787 F.3d 851, 859 (7th Cir. 2015); Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (mailbox rule applies to Rule 59(e) motions).
discussed Cited as authority (rule) Thomas Harris v. Brian Schaller
7th Cir. · 2020 · confidence medium
This rule treats a prisoner’s documents as filed when the prisoner properly tenders them “to prison staff … regardless of whether they are ultimately mailed or uploaded.” Taylor v. Brown, 787 F.3d 851, 859 (7th Cir. 2015); Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (mailbox rule applies to Rule 59(e) motions).
cited Cited as authority (rule) Strominger v. Neal
N.D. Ind. · 2020 · confidence medium
P. 6(d); Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001).
cited Cited as authority (rule) Wolf v. Indiana State Prison
N.D. Ind. · 2020 · confidence medium
With the benefit of the mailbox rule, the motion was considered timely and granted, see Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001).
discussed Cited as authority (rule) Christopher, Adam v. Kostohryz, Georgia
W.D. Wis. · 2020 · confidence medium
Although the prison mailbox rule was applied first to notices of appeal, the Court of Appeals for the 4 Seventh Circuit applies the rule to “all district-court filings save for ‘exceptional situations.’” Taylor v. Brown, 787 F.3d 851 , 858–59 (7th Cir. 2015) (quoting Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (listing numerous situations in which the prison mailbox rule has been applied).
cited Cited as authority (rule) Wallen v. Polley
N.D. Ind. · 2020 · confidence medium
Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001).
discussed Cited as authority (rule) Thomas Censke v. United States
7th Cir. · 2020 · confidence medium
P. 25(a)(2) (codify- ing Houston); Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (per curiam) (extending rule to Rule 59 motions); Chavarria-Reyes v. Lynch, 845 F.3d 275, 277 (7th Cir. 2016) (ex- tending rule to appellate papers filed in immigration cases).
discussed Cited as authority (rule) Thomas Censke v. United States
7th Cir. · 2020 · confidence medium
P. 25(a)(2) (codify- ing Houston); Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (per curiam) (extending rule to Rule 59 motions); Chavarria-Reyes v. Lynch, 845 F.3d 275, 277 (7th Cir. 2016) (ex- tending rule to appellate papers filed in immigration cases).
discussed Cited as authority (rule) Burnett v. Mueller
S.D. Ill. · 2019 · confidence medium
See Houston v. Lack, 487 U.S. 266 (1988);Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001). 2October 7, 2015, is the date Burnett submitted the post-convictionpetition for filing (Doc. 15-1, p. 31); it was file-stamped by the Circuit Court on October 19, 2015. 3Burnett was assigned a distinct appeal number for each of his circuit court cases: No. 3-16-0317 for Circuit Court No. 11-CF-961 (drug case); No. 3-16-0318 for No. 12-CF-113 (burglary case); and No. 3-16-0319 for No. 12-CF-509, a burglary case that was dismissed as part of the plea bargain.
discussed Cited as authority (rule) Scott v. Illinois
S.D. Ill. · 2019 · confidence medium
See Houston v. Lack, 487 U.S. 266 (1988); Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001). 1 In light of the timeliness issue raised in the Motion, it is not necessary to recite in detail the facts underlying Scott’s conviction.
discussed Cited as authority (rule) John Taylor, Jr. v. James Brown (2×)
7th Cir. · 2015 · confidence medium
Although the prison mailbox rule was first applied to notices of ap‐ peal, see Houston, 487 U.S. at 276 , the rule applies to all district‐court filings save for “exceptional situation[s],” Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (per curiam).
discussed Cited as authority (rule) John Taylor, Jr. v. James Brown (2×)
7th Cir. · 2015 · confidence medium
Although the prison mailbox rule was first applied to notices of appeal, see Houston, 487 U.S. at 276 , 108 S.Ct. 2379 , *859 the rule applies to all district-court filings save for “exceptional situation[s],” Edwards v. United States, 266 F.3d 756, 758 (7th Cir.2001) (per curiam).
examined Cited as authority (rule) Ian Owen Sharpe v. United States (3×) also: Cited "see"
Fed. Cl. · 2013 · confidence medium
Plaintiffs assert in their Motion that, pursuant to the “Prisoner litigation ‘mailbox rule’ prescribed by the Supreme Court,” plaintiffs’ Complaint should have been “ ‘considered filed at the moment of delivery to prison authorities, rather than at a later point in time after authorities have forwarded item to court and court has formally recorded its receipt.’ ” Pis.’ Mot. 1-2 (misquotation in original) (emphasis omitted) (quoting Edwards v. United States, 266 F.3d 756, 758 (7th Cir.2001)).
cited Cited as authority (rule) Trepanier v. City of Blue Island
7th Cir. · 2010 · confidence medium
See Houston v. Lack, 487 U.S. 266 , 108 S.Ct. 2379 , 101 L.Ed.2d 245 (1988); Edwards v. United States, 266 F.3d 756, 758 (7th Cir.2001).
cited Cited as authority (rule) Trepanier v. City of Blue Island
7th Cir. · 2010 · confidence medium
See Houston v. Lack, 487 U.S. 266 , 108 S.Ct. 2379 , 101 L.Ed.2d 245 (1988); Edwards v. United States, 266 F.3d 756, 758 (7th Cir.2001).
cited Cited as authority (rule) Lionel Trepanier v. City of Blue Island
7th Cir. · 2010 · confidence medium
See Houston v. Lack, 487 U.S. 266 (1988); Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001).
discussed Cited as authority (rule) Cannon v. Washington
7th Cir. · 2009 · confidence medium
Although application of the prison “mailbox rule” may mean that, technically, Cannon’s request for a default judgment was filed before the defendants sought leave to file their answer, see Houston v. Lack, 487 U.S. 266, 276 , 108 S.Ct. 2379 , 101 L.Ed.2d 245 (1988); Edwards v. United States, 266 F.3d 756, 758 (7th Cir.2001), it makes no difference because Cannon cannot show that he was entitled to entry of a default.
discussed Cited as authority (rule) William Cannon, Jr. v. Robert Hughes
7th Cir. · 2009 · confidence medium
Although application of the prison “mailbox rule” may mean that, technically, Cannon’s request for a default judgment was filed before the defendants sought leave to file their answer, see Houston v. Lack, 487 U.S. 266, 276 (1988); Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001), it makes no difference because Cannon cannot show that he was entitled to entry of a default.
discussed Cited as authority (rule) Cannon v. Washington
7th Cir. · 2009 · confidence medium
Although application of the prison “mailbox rule” may mean that, technically, Cannon’s request for a default judgment was filed before the defendants sought leave to file their answer, see Houston v. Lack, 487 U.S. 266, 276 , 108 S.Ct. 2379 , 101 L.Ed.2d 245 (1988); Edwards v. United States, 266 F.3d 756, 758 (7th Cir.2001), it makes no difference because Cannon cannot show that he was entitled to entry of a default.
discussed Cited as authority (rule) Rice v. MgBakor
N.D. Tex. · 2008 · confidence medium
See Cooper v. Brookshire, 70 F.3d 377, 379 (5th Cir.1995) (recognizing that under the prison mailbox rule, an action under 42 U.S.C. § 1983 is deemed filed when the prisoner delivers the pleadings to prison authorities for mailing to the court); Edwards v. United States, 266 F.3d 756, 758 (7th Cir.2001) (recognizing that the mailbox rule generally applies to all prisoner district court filings).
discussed Cited as authority (rule) Jervis, Jack v. Mitcheff, Michael
7th Cir. · 2007 · confidence medium
A district court should not raise and resolve affirmative defenses at screening unless the outcome is obvious and would render the suit frivolous, see, e.g., Gleash v. Yuswak, 308 F.3d 758, 760 (7th Cir.2002), and here the court both misstated the date when Mitcheff examined Jervis and overlooked that the “mailbox rule” governs the filing date of this lawsuit for limitations purposes, see Edwards v. United States, 266 F.3d 756, 758 (7th Cir.2001).
cited Cited as authority (rule) In Re Luedtke
Bankr. E.D. Wis. · 2005 · confidence medium
Id. at 758 (emphasis added).
discussed Cited as authority (rule) In Re Looper
Bankr. E.D. Tenn. · 2005 · confidence medium
See Price v. Philpot, 420 F.3d 1158, 1164 (10th Cir.2005) (applying the rule to include complaints initiating a 42 U.S.C. § 1983 case); Fernandez v. Artuz, 402 F.3d 111, 116 (2d Cir.2005) (applying the rule to toll the statute of limitations in AEDPA cases); Sulik v. Taney County, 316 F.3d 813 , 815 (8th Cir.2003) (holding that “the prison mailbox rule governs the determination of when a prisoner’s civil complaint has been filed.”); Casanova v. Dubois, 304 F.3d 75, 79 (1st Cir. 2002) (§ 1983 cases); Richard v. Ray, 290 F.3d 810, 813 (6th Cir.2002) (applying the rule “to civil complai…
cited Cited as authority (rule) United States v. Bogan, Timothy
7th Cir. · 2005 · confidence medium
P. 4(a)(1)(B); Edwards v. United States, 266 F.3d 756, 757 (7th Cir. 2001).
discussed Cited as authority (rule) Jordan v. Vannatta
7th Cir. · 2005 · confidence medium
We have since extended the Court’s holding in Houston to apply to the filing of a motion under Rule 59(e), see Edwards v. United States, 266 F.3d 756, 757 (7th Cir.2001), but neither decision says anything about the date that triggers the ten-day period within which such a filing must take place.
discussed Cited as authority (rule) Smith v. Asghar
7th Cir. · 2004 · confidence medium
With the benefit of the “mailbox rule” for prisoners filing pro se, see Edwards v. United States, 266 F.3d 756, 758 (7th Cir.2001), Smith’s complaint is deemed “filed” on February 16, 1999, the date on which he delivered the complaint to prison officials for mailing.
cited Cited as authority (rule) Jennings v. Voyles
7th Cir. · 2004 · confidence medium
See United States v. Craig, 368 F.3d 738, 740-41 (7th Cir.2004); Edwards v. United States, 266 F.3d 756, 758 (7th Cir.2001).
cited Cited as authority (rule) Davis v. Biller
7th Cir. · 2002 · confidence medium
Edwards v. United States, 266 F.3d 756, 758 (7th Cir.2001).
discussed Cited as authority (rule) United States v. Duane A. Duvall (2×) also: Cited "see"
7th Cir. · 2001 · confidence medium
United States v. Martinez-Garcia, 268 F.3d 460, 463-64 (7th Cir.2001); Edwards v. United States, 266 F.3d 756, 759 (7th Cir.2001).
discussed Cited as authority (rule) United States v. Duvall, Duane A. (2×) also: Cited "see"
7th Cir. · 2001 · confidence medium
United States v. Martinez-Garcia, ___ F.3d ___, No. 00-2396, 2001 WL 1158985, at *2 (7th Cir. Sept. 28, 2001); Edwards v. United States, 266 F.3d 756, 759 (7th Cir. 2001).
cited Cited "see" Rutledge
N.D. Ind. · 2026 · signal: see · confidence high
See Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (describing prison mailbox rule). available to her with regard to Grievance 184860.
cited Cited "see" Wardlow
N.D. Ind. · 2025 · signal: see · confidence high
See Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (describing prison mailbox rule).
cited Cited "see" Woodland v. Meisner
E.D. Wis. · 2025 · signal: see · confidence high
See Edwards v. United States, 266 F.3d 756 , 757–58 (7th Cir. 2001) (applying “prison mailbox rule” to prisoner’s Rule 59(e) motion). 2013) (quoting Blue v. Hartford Life & Accident Ins.
cited Cited "see" Liddell v. Filkins
E.D. Wis. · 2024 · signal: see · confidence high
See Edwards v. U.S., 266 F.3d 756, 758 (7th Cir. 2001). in their motion.
discussed Cited "see" Cureton v. United States
S.D. Ill. · 2024 · signal: see · confidence high
See Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (holding that the mailbox rule applies to motions filed pursuant to Rule 59(e), under the reasoning of Houston v. Lack, 487 U.S. 266 (1988) ).
cited Cited "see" Fields v. Vantuinen
N.D. Ind. · 2022 · signal: see · confidence high
See Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001).
cited Cited "see" Huff v. Elkhart County Sheriff
N.D. Ind. · 2022 · signal: see · confidence high
See Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (describing prison mailbox rule).
cited Cited "see" Cole v. Cochran
N.D. Ind. · 2022 · signal: see · confidence high
See Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001).
cited Cited "see" Huff v. Elkhart County Sheriff
N.D. Ind. · 2021 · signal: see · confidence high
See Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001) (describing prison mailbox rule).
cited Cited "see" Martin v. Cotter
N.D. Ind. · 2021 · signal: see · confidence high
See Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001).
cited Cited "see" Bullock v. Marandet
N.D. Ind. · 2020 · signal: see · confidence high
See ECF 2 at 5 and Edwards v. United States, 266 F.3d 756, 758 (7th Cir. 2001).
cited Cited "see" Boudreau v. Dep't of Treasury (In re Boudreau)
Bankr. D.R.I. · 2018 · signal: see · confidence high
See generally Edwards v. United States , 266 F.3d 756 , 758 (7th Cir. 2001).
Willie EDWARDS, Jr., Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
99-4162.
Court of Appeals for the Seventh Circuit.
Oct 18, 2001.
266 F.3d 756
Willie Edwards, Jr. (submitted), Lexington, KY, pro se., Daniel L. Bella (submitted), Office of U.S. Attorney, Dyer, IN, for Respondents Appellee.
Posner, Ripple, Wood.
Cited by 68 opinions  |  Published
PER CURIAM.

Some years ago, Willie Edwards was charged and convicted on one count of conspiring to distribute heroin and cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and another count of using a telephone to facilitate the distribution of heroin and cocaine, in violation of 21 U.S.C. § 843(b). He was sentenced to 324 months’ imprisonment on the first count and, concurrently, 96 months on the second. This court affirmed both the convictions and sentences on direct appeal, in United States v. Edwards, 115 F.3d 1322 (7th Cir.1997). Like many others before him, Edwards has now filed a motion under 28 U.S.C. § 2255 seeking to obtain relief from his sentence based on the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The district court denied his motion, and we now affirm that judgment.

Before reaching the merits of Edwards’s Apprendi argument, however, we must address a preliminary question touching this court’s jurisdiction. The district court denied Edwards’s § 2255 motion on July 29, 1999; it entered judgment on the same day. On August 16, 1999, the district court docketed a paper from Edwards entitled “Motion Pursuant to Rule 59(e) and Request for Evidentiary Hearing Pursuant to Rule 8(c) that Governs Habeas Corpus and 28 U.S.C. § 2243.” Edwards had tendered this paper, with the correct postage, to the prison authorities on August 10, 1999. About two months later, on October 14, 1999, the district court denied the motion, and Edwards filed his notice of appeal to this court on October 22, 1999.

The question is whether Edwards filed that notice of appeal in a timely manner. In general, because the United States is a party to a § 2255 case, a petitioner has 60 days in which to appeal. See Fed. R.App. P. 4(a)(1)(B). Measuring that time from the original judgment, however, yields a time for appeal of September 27, 1999, well before Edwards’s actual filing date of October 22, 1999. This means that Edwards’s appeal was not timely unless the time for filing was tolled by his Motion Pursuant to Rule 59(e). Those motions must be filed within 10 business days of the district court’s order, see Fed.R.Civ.P. 59(e), 6(a). The tenth business day after July 29, 1999, was August 12, 1999, two days after Edwards tendered his motion to the prison authorities and four days before the district court received and docketed the motion. If the motion was a timely Rule 59(e) filing, it served to toll the time[*758] for taking an appeal until the district court disposed of it. See, e.g., Life Ins. Co. of N. Am. v. Von Valtier, 116 F.3d 279, 282 (7th Cir.1997). If it was not timely for purposes of Rule 59(e), then Edwards’s appeal must be dismissed on jurisdictional grounds. (We note that everyone from the district court to the parties before us has assumed that the motion was timely, but because the question goes to our jurisdiction, we must examine it independently.)

In Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), the Supreme Court decided that for purposes of Fed. R.App. P. 4(a)(1), a notice of appeal filed by a pro se prisoner would be considered “filed” at the moment of delivery to the prison authorities, rather than at a later point in time after the authorities had forwarded the notice to the court and the court had formally recorded its receipt. Rule 4(c)(1) of the Appellate Rules now reflects this holding. The question here is whether this “mailbox rule” should apply to a pro se prisoner’s filing of a motion under Rule 59(e) as well.

In 1999, this court extended Houston’s mailbox rule to the filing of petitions for a writ of habeas corpus, but it noted in the same decision that “this circuit has not ruled on whether the rule should be extended to a pro se prisoner’s filing of other papers.” Jones v. Bertrand, 171 F.3d 499, 501 (7th Cir.1999). In other cases, such as Simmons v. Ghent, 970 F.2d 392, 393 (7th Cir.1992), we assumed that the mailbox rule applies to all prisoner district court filings, including those under Rule 59(e). This appears to be the rule in every other circuit to have considered the point. See In re Rashid, 210 F.3d 201, 204 (3d Cir.2000) (per curiam); Garrett v. United States, 195 F.3d 1032, 1034 (8th Cir.1999); Anyanwutaku v. Moore, 151 F.3d 1053, 1057 (D.C.Cir.1998). The Sixth and the Tenth Circuits have come to the same conclusion in unpublished orders. See Tate v. Hemingway, No. 00-1220, 2001 WL 345772, at *1 (6th Cir. Mar.27, 2001); Klein v. McClaury, No. 00-1065, 2000 WL 1005238, at *1 n. 1 (10th Cir. July 20, 2000). Finally, other circuits have applied the mailbox rule to other kinds of filings in the district court. See Cooper v. Brookshire, 70 F.3d 377, 380 (5th Cir.1995) (complaint); Caldwell v. Amend, 30 F.3d 1199, 1201 (9th Cir.1994) (Rule 50(b) motion); Dory v. Ryan, 999 F.2d 679, 682 (2d Cir.1993) (complaint); Garvey v. Vaughn, 993 F.2d 776, 783 (11th Cir.1993) (complaint); Thompson v. Rasberry, 993 F.2d 513, 515 (5th Cir.1993) (per curiam) (objections to magistrate judge’s report and recommendation); Faile v. Upjohn Co., 988 F.2d 985, 988 (9th Cir.1993) (discovery request); Lewis v. Richmond City Police Dep’t, 947 F.2d 733, 736 (4th Cir.1991) (per curiam) (complaint).

The policy on which the HoustonCourt relied — that is, that institutional constraints prevent prisoners from monitoring the delivery of a notice of appeal after it has been entrusted to the prison authorities — applies with equal force to the filing of a motion under Rule 59(e). We need not decide here whether there is any kind of paper, or any circumstance, under which a district court would be entitled to hold a pro se prisoner litigant to an actual receipt standard, but we are confident that this would be an exceptional situation. As the Houston Court put it, the “pro se prisoner [ ] cannot personally travel to the courthouse to see that the notice is stamped ‘filed’ or to establish the date on which the court received the notice.” 487 U.S. at 271, 108 S.Ct. 2379. We hold, therefore, that the mailbox rule applies to motions filed pursuant to Rule 59(e). This in turn means that Edwards may proceed with his appeal: he has certified to this court that he deposited the motion in the prison mailbox with the correct postage on August 10,[*759] 1999, two days before the August 12, 1999, deadline.

Unfortunately for Edwards, this procedural victory is not a harbinger of success on the merits. On appeal, he has abandoned the grounds for the § 2255 motion that he had presented to the district court and has instead urged us to find that Apprendi requires us to set aside his conviction and sentence. This court granted a certificate of appealability on two issues: (1) whether Edwards’s sentence of 324 months is lawful in light of Apprendi, and (2) whether Apprendi applies retroactively to first-time motions under 28 U.S.C. § 2255, as opposed to second or successive motions.

Upon closer examination of the record, we have concluded that neither one of these questions is properly presented in Edwards’s case. Even assuming that Apprendi applies retroactively to cases on collateral review, Edwards’s sentence does not run afoul of its holding. It was uncontested that Edwards had a prior felony drug conviction. The government filed an enhancement information under 21 U.S.C. § 851, and we have now made it clear on a number of occasions that we do not read Apprendi as having overruled Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that enhancements based on recidivism are still sentencing factors, not elements of the offense. See Dahler v. United States, 259 F.3d 763, 765-66 (7th Cir.2001); United States v. Brough, 243 F.3d 1078, 1081 (7th Cir.2001). Given all this, Edwards faced a statutory maximum prison term of 30 years (360 months) under § 841(b)(1)(C), and his sentence of 324 months does not exceed that cap. See United States v. Jones, 245 F.3d 645, 650-51 (7th Cir.2001).

We therefore AffiRM the judgment of the district court.