United States Eleventh Circuit

Dismissal of habeas petition as barred by the one-year limitations period in 28 U.S.C. section 2244(d)(1) is affirmed as petitioner's Florida Rule of Criminal Procedure 3.800(c) motion was a request to reduce a legal sentence based on mercy or leniency, and it did not constitute an application for state post-conviction or other collateral review with respect to the pertinent judgment under section 2244(d)(2) that tolled the limitations period.

Appellate Information

• Decided 12/21/2007
• Published 12/21/2007

Judges

• HULL, Circuit Judge:, Before BLACK, HULL and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Melissa K. Marler (Court-Appointed), Breon S. Peace (Court-Appointed), Cleary, Gottlieb, Steen & Hamilton, LLP, New York City, for Alexander.


• For Appellees:
  
• Patricia Ann McCarthy, Tampa, FL, for Respondents-Appellees.