United States Eleventh Circuit

Plaintiff is without recourse because his prior state convictions used to enhance his federal sentences are no longer open to direct or collateral attack in their own right because the defendant failed to pursue those remedies while they were available. Therefore, the district court did not err as a matter of law in dismissing his 28 U.S.C. section 2255 case.

Appellate Information

• Decided 02/06/2003
• Published 02/07/2003

Judges

• ANDERSON, Circuit Judge:, Before ANDERSON, BARKETT and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Laura Ann Griffin, Ponte Vedra Beach, FL, for Petitioner-Appellant.


• For Appellees:
  
• Roberta Josephina Tylke, Asst. U.S. Atty., Orlando, FL, David Paul Rhodes, Tampa, FL, for Respondent-Appellee.