United States DC Circuit

Dismissal of defendant's second 28 U.S.C. section 2255 motion is affirmed since it was untimely filed.

Appellate Information

• Argued 03/15/2005
• Decided 07/22/2005
• Published 07/22/2005

Judges

• Before:  SENTELLE, HENDERSON and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Eliot Lauer and Jacques Semmelman argued the cause and filed the briefs for appellant., Arthur B. Spitzer and G. Brian Busey were on the brief for amici curiae American Civil Liberties Union of the National Capital Area, et al. supporting counsel's access to classified pre-sentencing materials.


• For Appellees:
  
• Mary B. McCord, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and John R. Fisher, Roy W. McLeese, III, Robert D. Okun, Steven W. Pelak, and David B. Goodhand, Assistant U.S. Attorneys.  Mary-Patrice Brown, Assistant U.S. Attorney, entered an appearance.