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ARGUED MAY 13, 2008

Before EASTERBROOK, Chief Judge, and KANNE and TINDER, Circuit Judges.

A federal prisoner may seek collateral review within one year of “the date on which the judgment of conviction becomes final”. 28 U.S.C. §2255(f)(1). If a convicted person files, and then dismisses, an appeal from a conviction, what is the date of finality? When the appeal is dismissed, or that date plus 90 days to file a petition for certiorari? See 28 U.S.C. §1254(1); S.Ct. Rule 13.1. The Supreme Court held in Clay v. United States, 537 U.S. 522 (2003), that a federal conviction becomes “final” with the expiration of time to file a petition for a writ of certiorari (or, if certiorari is sought and denied, on the date of denial). The district court concluded that a defendant who dismisses his appeal is not entitled to seek certiorari, so that the time runs from the date of dismissal. 2007 U.S. Dist. LEXIS 2897 (S.D. Ill. Jan. 11, 2007).

 
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