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ASHLEY v. U.S.

No. 01-1733.

266 F.3d 671 (2001)

Billy Ray ASHLEY, Petitioner-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 2001.

Attorney(s) appearing for the Case

Billy R. Ashley, United States Penitentiary, Beaumont, TX, for Petitioner-Appellant.

J. Christopher Moore, Office of the United States Attorney, Benton, IL, for Respondent-Appellee.

Before BAUER, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.

EASTERBROOK, Circuit Judge.

Shortly after the Supreme Court decided Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Billy Ashley filed with this court an application for leave to commence a collateral attack. That request was dismissed because it appeared to be unnecessary: Ashley had not filed a previous collateral attack, so he did not need our permission. He then turned to the district court,...

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