COOPER v. U.S.

No. 98-3826.

199 F.3d 898 (1999)

Adrian L. COOPER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 8, 1999.


Attorney(s) appearing for the Case

Allen E. Shoenberger (argued), Loyola University School of Law, Chicago, IL, for Petitioner-Appellant.

James L. Porter (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Respondent-Appellee.

Before MANION, KANNE, and EVANS, Circuit Judges.


TERENCE T. EVANS, Circuit Judge.

Adrian Cooper filed a postconviction petition pursuant to 28 U.S.C. § 2255 or alternatively under the All Writs Act, 28 U.S.C. § 1651, or the habeas corpus provision of 28 U.S.C. § 2241. The problem with the petition, which Cooper correctly perceived, is that it may run afoul of the 1-year period of limitations set out in § 2255. The district court dismissed the petition on that basis but also granted a certificate...

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