United States Ninth Circuit

Held that a defendant filed a timely appeal from the denial of his habeas motion. The defendant, who was convicted of fraud-related charges, waited over two months to file his pro-se appeal. Nonetheless, the Ninth Circuit concluded that his appeal was timely because the district court did not enter judgment in a separate document. Joining the majority of circuits, the panel held that the separate-document requirement applies in section 2255 proceedings.

Appellate Information

• Published 2018/08/21

Judges

• Per Curiam

Court

• United States Ninth Circuit

Counsel