United States Ninth Circuit

Statute of limitations for modifying a sentence under 28 USC 2255 is not equitably tolled for prisoner, who agreed to cooperate with government, while prosecution of co-defendants is pending, even if defendant could have her sentence reduced for cooperation in the interim.

Appellate Information

• Decided 12/14/2001
• Published 12/14/2001

Judges

• DAVID R. THOMPSON, Circuit Judge:, Before:  DAVID R. THOMPSON, TASHIMA, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Stephen R. Sady, Assistant Federal Public Defender, Portland, Oregon, for the defendant-appellant., Frank Noonan, Assistant United States Attorney, Portland, Oregon, for the plaintiff-appellee.