United States First Circuit

The statute of limitations for a 28 USC 2255 motion begins to run upon the completion of a prisoner's direct appeal from the judgment of conviction, and there is no statutory basis for tolling the limitations period while the prisoner seeks post-conviction relief under F. R. Crim. Proc. 33.

Appellate Information

• Decided 10/16/2001
• Published 10/16/2001

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Charles W. Rankin, with whom Bruce W. Edmands, Richard S. Jacobs and Mahoney Hawkes LLP, were on brief, for appellant.


• For Appellees:
  
• Kevin P. McGrath, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, and David S. Mackey, Special Assistant United States Attorney, were on brief, for appellee.