United States Third Circuit

On an ineffective assistance of counsel claim, because the present record does not contain the relevant dates of the prison's receipt and delivery of the District Court's order denying defendant's section 2255 motion, the delay must be subtracted from the time for filing a motion for reconsideration, thus dismissal of the petition is vacated.

Appellate Information

• Argued 04/01/2003
• Decided 07/09/2003
• Published 07/09/2003

Judges

• Before McKEE, SMITH and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Salvatore C. Adamo, (Argued), Philadelphia, PA, for Appellant.


• For Appellees:
  
• Ronald G. Cole, (Argued), Office of the United States Attorney, Philadelphia, PA, for Appellee.