United States Sixth Circuit

Rule 33 motions based on new evidence and filed after the ten-day period in Fed. R. App. P. 4(b)(3) must be treated as collateral challenges for purposes of the one-year statute of limitations under 28 USC 2255, and has no per se impact on 28 USC 2255.

Appellate Information

• Argued 10/24/2000
• Decided 04/16/2001
• Published 04/16/2001

Judges

• Before KENNEDY, SUHRHEINRICH, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Joe Ivory Johnson, Manchester, KY, pro se., C. Mark Pickrell (argued and briefed), Nashville, TN, for Petitioner-Appellant.


• For Appellees:
  
• William Cohen, Asst. U.S. Attorney (argued), Nashville, TN, for Respondent-Appellee., Robert Anderson, Asst. U.S. Attorney (briefed), Nashville, TN, for Respondent-Appellee.