Jason M. Lund v. United States
HabeasCorpus Punishment
Does the Seventh Circuit's decision directly conflict with the holding of McQuiggin v. Perkins? And does the error warrant summary relief?
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?