No. 18-9719

Jason M. Lund v. United States

Lower Court: Seventh Circuit
Docketed: 2019-06-19
Status: Denied
Type: IFP
IFP
Tags: actual-innocence aedpa antiterrorism-and-effective-death-penalty-act burrage-v-united-states federal-habeas federal-prisoner habeas-corpus statute-of-limitations summary-relief summary-reversal supreme-court-precedent
Key Terms:
HabeasCorpus Punishment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does the Seventh Circuit's decision directly conflict with the holding of McQuiggin v. Perkins? And does the error warrant summary relief?

Question Presented (OCR Extract)

QUESTION PRESENTED A federal habeas petitioner may overcome the one-year period of limitation in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) through a plea of actual innocence. McQuiggin v. Perkins, 569 U.S. 383 (20138). Petitioner Jason Lund, a federal prisoner, filed an untimely habeas petition under AEDPA alleging that his sentence was imposed contrary to Burrage v. United States, 571 U.S. 204 (2014). He also alleged that he was actually innocent under Burrage. The Seventh Circuit held that petitioner could not use actual innocence to overcome AEDPA’s statute of limitations and affirmed the denial of the habeas petition as untimely. Does the Seventh Circuit’s decision directly conflict with the holding of McQuiggin v. Perkins? And does the error warrant summary relief?

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-30
Reply of petitioner Jason Lund filed. (Distributed)
2019-08-19
Brief of respondent United States of America in opposition filed.
2019-07-11
Motion to extend the time to file a response is granted and the time is extended to and including August 19, 2019.
2019-07-10
Motion to extend the time to file a response from July 19, 2019 to August 19, 2019, submitted to The Clerk.
2019-06-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 19, 2019)

Attorneys

Jason Lund
Peter W. HendersonFederal Public Defender, Petitioner
Peter W. HendersonFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent