United States Seventh Circuit

Denial of petitions for postconviction relief is affirmed where: 1) the petition under section 2255 was filed in, and dismissed from, a separate district than the one which issued the order under appeal, thus the petitioner could not challenge the dismissal before the panel; and 2) the petition under section 2241 was untimely, and petitioner's claim of innocence was premature since there is an intercircuit split to be resolved by the Supreme Court over the issue that weighs in favor of the petitioner's position.

Appellate Information

• Argued 05/24/2007
• Decided 08/24/2007
• Published 08/24/2007

Judges

• POSNER, Circuit Judge., Before POSNER, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Edmund S. Sauer (argued), Mayer, Brown, Rowe & Maw, Washington, DC, for Petitioner-Appellant.


• For Appellees:
  
• Michael Rotker (argued), Department of Justice, Criminal Division, Washington, DC, for Respondent-Appellee.