United States Eleventh Circuit

In petitioner's appeal from the district court's dismissal of his motion to vacate, set aside, or correct sentence, as untimely, the order is vacated where the district court violated Clisby v. Jones, 960 F.2d 925 (11th Cir. 1992), by failing to address petitioner's claim that he was entitled to statutory tolling of the limitations period pursuant to 28 U.S.C. section 2255(f)(4) and Aron v. United States, 291 F.3d 708 (11th Cir. 2002), due to trial counsel’s failure to file a requested direct appeal.

Appellate Information

• Decided 11/22/2010
• Published 11/22/2010

Judges

• Per Curiam

Court

• United States Eleventh Circuit

Counsel