United States Fourth Circuit

The statute of limitations on habeas claims under 28 USC 2255 does not toll pending final resolution, so even though a federal court of appeals affirms some of a defendant's convictions but reverses others, petitioner must still adhere to the one year statute of limitations.

Appellate Information

• Argued 05/10/2001
• Decided 06/28/2001
• Published 06/28/2001

Judges

• Before WILKINSON, Chief Judge, and WIDENER and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Neal Lawrence Walters, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, VA, for Defendant-Appellant. Robert Edward Skiver, Assistant United States Attorney, Raleigh, NC, for Plaintiff-Appellee. ON BRIEF:  Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, NC, for Plaintiff-Appellee.