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Dodd v. United States

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eBook details

  • Title: Dodd v. United States
  • Author : Supreme Court of the United States
  • Release Date : January 20, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

Title 28 U. S. C. §2255 establishes a "1-year period of limitation" within which a federal prisoner may file a motion to vacate, set aside, or correct his sentence under that section. That period runs from "the latest" of a number of events, which are enumerated in subparagraphs (1) through (4) of 6 of that section. This case involves subparagraph (3), which provides that the limitation period begins to run on "the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review." We must decide whether the date from which the limitation period begins to run under 6(3) is the date on which this Court "initially recognized" the right asserted in an applicants §2255 motion, or whether, instead, it is the date on which the right is "made retroactiv[e]."


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