Purvis v. United States, No. 10-2432 (7th Cir. 2011)
Annotate this CaseIn 2006 petitioner was sentenced as a career offender for conspiracy to distribute crack cocaine. His appeals were unsuccessful; the Supreme Court denied certiorari. Defendant was engaged in litigation with the state, seeking to vacate one of the convictions used as a basis for career offender status. He was ultimately successful. In the meantime, the district court denied a motion under 28 U.S.C. 2255 to vacate, set aside, or correct his sentence and, on remand, denied it twice again. The court declined to stay with respect to the challenged state conviction. The Seventh Circuit reversed and remanded. Petitioner was diligent in pursuing remedies and the district court should have stayed the then-unripe petition while the state challenge was pending, to enable petitioner to comply with the requirements for a timely habeas petition.
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