United States Fourth Circuit

Resentencing under Fed. R. Crim. P. 35(b) does not renew the clock on the one-year statute of limitations for collateral habeas relief under 28 USC 2255.

Appellate Information

• Argued 02/26/2001
• Decided 04/13/2001
• Published 04/13/2001

Judges

• Before WILKINSON, Chief Judge, TRAXLER, Circuit Judge, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Matthew C. Hicks, Student Counsel, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Appellant.   Anne Margaret Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.   ON BRIEF:  Steven H. Goldblatt, Director, Adam N. Steinman, Supervising Attorney, Troy B. Klyber, Student Counsel, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Appellant.  Janice McKenzie Cole, United States Attorney, Fenita M. Shepard, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.