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DUNLAP v. U.S.

No. 99-6456.

250 F.3d 1001 (2001)

Horace Lee DUNLAP, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 7, 2001.

Rehearing Denied May 30, 2001.

Attorney(s) appearing for the Case

ARGUED: Patrick T. McNally (argued and briefed), Hollins, Wagster & Yarbrough, Nashville, TN, for Petitioner-Appellant.

Van S. Vincent, ASSISTANT UNITED STATES ATTORNEY, Nashville, Tennessee, for Appellee.

ON BRIEF: Patrick T. McNally, HOLLINS, WAGSTER & YARBROUGH, Nashville, Tennessee, for Appellant.

Harold B. McDonough, Asst. U.S. Atty., Van S. Vincent (argued and briefed), Asst. U.S. Atty., Nashville, TN, for Respondent-Appellee.

Before: KEITH, SILER, and CLAY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

CLAY, Circuit Judge.

Petitioner, Horace Lee Dunlap, appeals from the district court's dismissal of his habeas petition, filed pursuant to 28 U.S.C. § 2255, as untimely. The district court issued a certificate of appealability specifically on the question of whether equitable tolling applies to the one-year period of limitation in habeas cases, and whether, in any event, equitable tolling would be applicable...

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