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.