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WILSON v. U.S.

No. 03-3581.

413 F.3d 685 (2005)

Darnell WILSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 2005.

Attorney(s) appearing for the Case

Barry Levenstam, Monica R. Pinciak (argued), Jenner & Block, Chicago, IL, for Petitioner-Appellant.

William T. Grimmer (argued), Office of the United States Attorney, South Bend, IN, for Respondent-Appellee.

Before POSNER, EASTERBROOK, and EVANS, Circuit Judges.

EASTERBROOK, Circuit Judge.

The Supreme Court held in Johnson v. United States, ___ U.S. ___, 125 S.Ct. 1571, 161 L.Ed.2d 542 (2005), that a state court's order vacating a conviction that had been used to enhance a federal sentence is a new "fact" that starts a one-year period in which to seek collateral review of the federal sentence. See 28 U.S.C. § 2255 ¶ 6(4). That rule has a proviso: the petitioner ...

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