Statute of Limitations

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7^th Circuit Court of Appeals

Case Name: Jason M. Lund v. United States of America

Case No.: 16-2381

Officials: KANNE and SYKES, Circuit Judges, and DARROW, District Judge.

Focus: Statute of Limitations

Petitioner Jason Lund appeals the denial of his motion to vacate, set aside, or correct his sentence brought pursuant to 28 U.S.C. § 2255. The district court concluded that Lund’s motion was untimely under each of the potential statutes of limitations and that Lund could not invoke the actual innocence exception to the statute of limitations because his claim of actual innocence was based on a case that interpreted the substantive law of his conviction: Burrage v. United States, 571 U.S. 204 (2014). Lund challenges only this conclusion, arguing that a claim of actual innocence can be based on a change in the law. To resolve this case, however, we need not rule on this issue. Even assuming actual innocence can be premised on a change in the law, Lund cannot take advantage of the exception because he rests both his actual innocence claim and his claim for relief on Burrage. We affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.