Billy Ray Ashley v. United States
Court of Appeals for the Seventh Circuit
1Opinion of the Court
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, which dismissed as untimely his motion under 28 U.S.C. § 2255. Ashley’s conviction became final before April 24, 1996, the effective date of the Antiterrorism and…
2Cases cited19 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Teague v. LaneSupreme Court of the United States · 1989
- Lindh v. MurphySupreme Court of the United States · 1997
- Tyler v. CainSupreme Court of the United States · 2001
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