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IN RE DAVENPORT

Nos. 97-9095, 97-9097.

147 F.3d 605 (1998)

In re James DAVENPORT and Sherman Nichols, Petitioners.

United States Court of Appeals, Seventh Circuit.

Decided June 18, 1998.

Attorney(s) appearing for the Case

James Davenport, United States Penitentiary, Terre Haute, IN, pro se.

Sherman Nichols, Federal Correctional Institution, Pekin, IL, pro se.

Haywood E. McDuffie, Office of the United States Attorney, Criminal Appellate Division, Chicago, IL, Richard N. Cox, Office of the United States Attorney, Urbana, IL, Stephen A. Kubiatowski (argued), Office of the United States Attorney, Springfield, IL, for Respondent in No. 97-9095.

Jerold S. Solovy, Megan B. Poetzel (argued), Jenner & Block, Chicago, IL, for Amicus Curiae.

Haywood E. McDuffie, Office of the Untied States Attorney, Criminal Appellate Division, Chicago, IL, Stephen A. Kubiatowski (argued), Office of the United States Attorney, Springfield, IL, for Respondent in No. 97-9097.

Before POSNER, Chief Judge, and ROVNER and DIANE P. WOOD, Circuit Judges.

POSNER, Chief Judge.

We consolidated and directed briefing and argument of petitions by two federal prisoners for leave to seek postconviction relief that the district courts thought barred by the Antiterrorism and Effective Death Penalty Act of 1996. The principal question we must decide is when if ever a federal prisoner can use the habeas corpus statute, 28 U.S.C. §§ 2241-2254, to get around the bar that the Antiterrorism Act places athwart successive...

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