United States Fourth Circuit

Motions under West Virginia Rule 35(b) for reduction of sentence do not constitute applications for "state post-conviction or other collateral review" within the meaning of 28 USC 2244(d)(2), during the pendency of which the AEDPA's one-year statute of limitations is tolled.

Appellate Information

• Decided 11/13/2001
• Published 11/13/2001

Judges

• Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William C. Garrett, Gassaway, WV, for Appellant. Dawn Ellen Warfield, Deputy Attorney General, Charleston, WV, for Appellee. ON BRIEF:  Darrell V. McGraw, Jr., Attorney General, Charleston, West Virginia, for Appellee.