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United States Sixth Circuit


NICHOLS v. US, 01-1109

Where petitioner's judgment on conviction became final on April 21, 1992, and he did not file his 28 U.S.C. section 2255 motion for correction of sentence until July 2000, well beyond the one-year grace period that ended on April 24, 1997, and his motion fails to meet any of the requisite statutory criteria that might allow him to file motion more than eight years after final judgment, motion held time-barred.

Appellate Information

  • Decided 04/03/2002
  • Published 04/03/2002

Judges

  • Before:  SILER and GILMAN, Circuit Judges;  HEYBURN, Chief District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Wiley T. Nichols, Jr. (briefed), Leavenworth, KS, pro se.

  • For Appellees:
  • Donald Daniels (briefed), Assistant United States Attorney, Grand Rapids, MI, for Appellee.
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