Seats v. Nurse

Petitioner sought federal habeas relief after he unsuccessfully sought to be re-sentenced after the Illinois Supreme Court held that the state aggravated unlawful use of a weapon statute was unconstitutional. The district court dismissed the petition because it was filed outside of the statute of limitations. On appeal, petitioner argued that his petition was timely if the limitations period was calculated from the date his UUW convictions were vacated. The Seventh Circuit affirmed, finding that petitioner forfeited that argument because he did not raise it in the district court. (EASTERBROOK and PRYOR, concurring)