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HERRERA v. U.S.

Nos. 96-1778, 96-2254.

96 F.3d 1010 (1996)

Axel HERRERA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Lonnie GREEN, Petitioner-Appellant, v. Augustus SCOTT, Warden, Lincoln Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 1996.

Attorney(s) appearing for the Case

Axel Herrera, Federal Correctional Institution (submitted), Milan, MI, for Petitioner-Appellant in No. 96-1778.

Barry Rand Elden, Chief of Appeals, Office of the United States Attorney, Criminal Appellate Division, Chicago, IL, for Respondent-Appellee in No. 96-1778.

Lonnie Green, Lincoln Correctional Center (submitted), Lincoln, IL, for Petitioner-Appellant in No. 96-2254.

Michael M. Glick, Office of the Attorney General, Chicago, IL, for Respondent-Appellee in No. 96-2254.

Before POSNER, Chief Judge, and BAUER and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

These two cases present related, but distinct, issues concerning application of the Antiterrorism and Effective Death Penalty Act, Pub.L. 104-132, 110 Stat. 1214 ("the Act"), to pending collateral attacks on criminal sentences. Each was commenced, decided in the district court, and appealed before April 24, 1996, when the Act took effect. But one is a challenge to a federal conviction under 28 U.S.C. § 2255, and the other a challenge...

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