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VIALVA v. WATSON

No. 20-2710.

975 F.3d 664 (2020)

Christopher André VIALVA, Petitioner-Appellant, v. T.J. WATSON, Warden, United States Penitentiary, Terre Haute, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 18, 2020.

Attorney(s) appearing for the Case

Emma Rolls , Attorney, Michael W. Lieberman , Attorney, FEDERAL PUBLIC DEFENDER, Oklahoma City, OK, for Petitioner-Appellant.

Elizabeth R. Berenguer , Attorney, OFFICE OF THE UNITED STATES ATTORNEY, San Antonio, TX, Joshua K. Handell , Attorney, Robert A. Parker , Attorney, DEPARTMENT OF JUSTICE, Washington, DC, for Respondent-Appellee T. J. WATSON, Warden.

Joshua K. Handell , Attorney, James Inman Pearce , Attorney, Robert A. Parker , Attorney, DEPARTMENT OF JUSTICE, Washington, DC, for United States of America.

Before Easterbrook, Kanne, and Rovner, Circuit Judges.

Christopher Vialva has been sentenced to death for murders he committed in 1999. In this proceeding under 28 U.S.C. § 2241 he seeks a stay of his execution, which is scheduled for September 24. The district court denied that request, ruling that resort to § 2241 is forbidden by 28 U.S.C. § 2255(e), which provides: "An application...

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