United States DC Circuit
US v. HICKS, 01-3040
A defendant does not meet the standards for timely "relating back" to an original application for collateral habeas relief where attempts to amend a Section 2255 motion under Apprendi raise an entirely new legal claim, arising from a new set of facts, that do independently satisfy the one-year statute of limitations.
Appellate Information
- Argued 02/01/2002
- Decided 03/26/2002
- Published 03/26/2002
Judges
- Before: GINSBURG, Chief Judge, EDWARDS and SENTELLE, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Mary Manning Petras, appointed by the court, argued the cause and filed the briefs for appellant.
- For Appellees:
- Valinda Jones, Assistant United States Attorney, argued the cause for appellee. With her on the brief were Roscoe C. Howard, Jr., United States Attorney, and John R. Fisher, Assistant United States Attorney. Mary-Patrice Brown, Assistant United States Attorney, entered an appearance.