United States Seventh Circuit

While 28 USC 2244(b)(2)(A) provides an independent reason for denying a successive application based on Apprendi, a court of appeals must deny an application that presents a claim omitted from a prior application, unless that claim was "previously unavailable" to the prisoner.

Appellate Information

• Decided 05/07/2001
• Published 05/07/2001

Judges

• EASTERBROOK, Circuit Judge., Before CUDAHY, POSNER, and EASTERBROOK, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Wayne A. Brannigan (submitted), Leavenworth, KS, pro se.


• For Appellees:
  
• K. Tate Chambers (submitted), Office of the U.S. Attorney, Peopria, IL, for respondent.