United States First Circuit

The one year limitations period in 28 USC 2255(4) for a federal prisoner who petitions to reduce his federal sentence because the underlying state convictions for his federal sentence have since been vacated does not begin on the date the state conviction was vacated, but the date on which defendant knew of the facts supporting the challenge of the state conviction.

Appellate Information

• Decided 11/05/2001
• Published 11/05/2001

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.