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United States Eleventh Circuit


MCIVER v. US, 01-10507

A successful motion to file an out-of-time notice of appeal is not to be counted as a first petition for the purposes of subsequent collateral proceedings under 28 U.S.C. section 2255.

Appellate Information

  • Decided 09/30/2002
  • Published 09/30/2002

Judges

  • BARKETT, Circuit Judge:, Before BARKETT and MARCUS, Circuit Judges, and SCHLESINGER, District Judge.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Susan Jill Benton,Federal Defender Program, Inc., Atlanta, GA, for Petitioner-Appellant.

  • For Appellees:
  • Amy Lee Copeland, Savannah, Ga, for Respondent-Appellee.
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