United States Eleventh Circuit

Vacatur of appellant's prior state convictions is not a "fact supporting the claim or claims" under 28 U.S.C. section 2255, thus the petition was untimely under the statute of limitations that applies to section 2255 petitions, and appellant cannot show that the petition was untimely because of extraordinary circumstances.

Appellate Information

• Decided 08/05/2003
• Published 08/05/2003

Judges

• BLACK, Circuit Judge:, Before BLACK, RONEY and STAPLETON , Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Benjamin Warren Pope and Courtland L. Reichman (Court-Appointed), King & Spalding, Atlanta, GA, for Petitioner-Appellant.


• For Appellees:
  
• John L. Lynch, Columbus, GA, Jessica Joan-Marie Hagen, Macon, GA, for Respondent-Appellee.