Chicago, Illinois 60604 January 22, 2001 Before Hon. RICHARD A. POSNER , Circuit… v. WILLIAM E. BOYD, Warden, Western Illinois Correctional Center

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
January 22, 2001
Before
Hon. RICHARD A. P OSNER , Circuit Judge
Hon. FRANK H. EASTERBROOK , Circuit Judge
Hon. MICHAEL S. K ANNE , Circuit Judge
SHAWN OWENS ,
Petitioner-Appellant,
No. 00-1521 v.
WILLIAM E. B OYD, Warden,
Western Illinois Correctional Center,
Respondent-Appellee.
Appeal from the United
States District Court
for the Northern
District of Illinois,
Eastern Division.
No. 99 C 5366
Charles P. Kocoras,
Judge.
Order
The opinion of this court issued on December 19, 2000, is
amended as follows:
Replace this language at page 2 of the slip opinion:
For Shawn Owens, who has been convicted of murder and
sentenced to 50 years in prison, the conclusion of direct
review occurred on June 30, 1997, when the state's appellate
court affirmed his conviction and sentence. See Gutierrez v.
Schomig, No. 00-1384 (7th Cir. Nov. 30, 2000) (time begins
with final decision, not on the later expiration of the time
to seek additional review).

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No. 00-1521 Page 2
With this language:
For Shawn Owens, who has been convicted of murder and
sentenced to 50 years in prison, the conclusion of direct
review occurred on August 5, 1997, thirty-five days after
the state's appellate court affirmed his conviction and
sentence. See Ill. Sup. Ct. R. 315(b) (allowing a maximum of
35 days to file a petition for leave to appeal to the
state's highest court). Cf. Gutierrez v. Schomig, 233 F.3d
490 (7th Cir. 2000) (holding that the approach of
§2244(d)(1)(A), which includes time for seeking additional
review on direct appeal, does not apply to §2244(d)(2),
which deals with time devoted to seeking collateral relief
in state court).
Replace this language at page 6:
Affirmance of Owens's conviction in June 1997 starts
the time under §2244(d)(1)(A).
With this language:
Section 2244(d)(1)(A) started the clock on August 5,
1997, when the time to ask the state's supreme court to
review the conviction expired.

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