CHEREK v. UNITED STATES

No. 85-2003.

767 F.2d 335 (1985)

Leonard R. CHEREK, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 3, 1985.


Attorney(s) appearing for the Case

James J. Ewers, Ewers Law Office, Madison, Wis., for petitioner-appellant.

Before BAUER, POSNER and EASTERBROOK, Circuit Judges.


POSNER, Circuit Judge.

On May 21, 1985, after the defendant's federal criminal conviction became final by the denial of his petition for certiorari seeking review of our order affirming the conviction, the district judge ordered the defendant to surrender to begin serving his sentence. The defendant immediately filed a motion under 28 U.S.C. § 2255 to set aside the conviction, and on May 31 the district judge stayed the surrender order and allowed the defendant...

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