United States Eleventh Circuit

Appellant prisoner was entitled to an evidentiary hearing on due diligence, so that his motion to vacate his sentence may have been timely under 28 U.S.C. section 2255(4), where he made numerous and persistent efforts to obtain his appellate documents, and filed his motion within one year after receiving from his attorney a copy of the brief filed on his direct appeal.

Appellate Information

• Decided 05/13/2002
• Published 05/13/2002

Judges

• BARKETT, Circuit Judge:, Before CARNES, BARKETT and KRAVITCH, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Kathleen Cooper Grilli,Law Offices of Grilli & Corvato, P.A., Hollywood, FL, for Petitioner-Appellant.


• For Appellees:
  
• Anne Ruth Schultz, Lisette M. Reid, Mark Fagelson, Miami, FL, for Respondent-Appellee.