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NOLAN v. U.S.

No. 02-2162.

358 F.3d 480 (2004)

Leroy NOLAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 18, 2004.

Attorney(s) appearing for the Case

Jon M. Juenger, (argued), Mayer, Brown, Rowe & Maw, Chicago, IL, for Petitioner-Appellant.

Scott A. Verseman (argued), Daniel L. Olson, Office of the United States Attorney, Rockford, IL, for Respondent-Appellee.

Before RIPPLE, KANNE, and DIANE P. WOOD, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

Leroy Nolan is trying to pursue a motion under 28 U.S.C. § 2255, but he has been blocked at the doorway by the one-year statute of limitations that applies to such motions. He realizes that this is a formidable problem, which he can avoid only if this court is willing to find that the deadline has been equitably tolled in his case. Limitations periods to one side, he would like to show that he received constitutionally ineffective...

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