United States First Circuit

The accrual date for the application of the one year limitations period in 28 USC 2255(4) is the date when the prisoner knew the facts giving rise to his petition, and not the date when the justice system agrees with him about the existence of those facts.

Appellate Information

• Decided 10/31/2001
• Published 10/31/2001

Judges

• LYNCH, Circuit Judge., Before LYNCH and LIPEZ, Circuit Judges, , Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Neil A. Hourihan, for appellant.


• For Appellees:
  
• Dina Michael Chaitowitz, Assistant United States Attorney, with whom James B. Farmer, United States Attorney, was on brief, for appellee.