United States Eleventh Circuit

Dismissal of federal prisoner's motion to vacate, filed under 28 U.S.C. section 2255, as barred by the one-year statute of limitations, is affirmed as finality attaches when the Supreme Court denies a habeas petitioner's petition for certiorari review, and upon the denial of petitioner's certiorari petition, his conviction was final for purposes of the AEDPA's one-year limitations period.

Appellate Information

• Decided 11/13/2007
• Published 11/13/2007

Judges

• MARCUS, Circuit Judge:, Before CARNES, MARCUS and PRYOR, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Benjamin Thomas Larkin, Donald W. Stewart, P.C., Bessemer, AL, for Drury., Amy Lee Copeland, Edmund A. Booth, Jr., Acting U.S. Atty., Savannah, GA, for U.S.