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GARCIA v. U.S.

No. 00-15480.

278 F.3d 1210 (2002)

Hector GARCIA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 9, 2002.

Attorney(s) appearing for the Case

Charles Garrett White, Coconut Grove, FL, for Petitioner-Appellant.

Anne R. Schultz, Marc Fagelson, Kathleen M. Salyer, Miami, FL, for Respondent-Appellee.

Before CARNES, BARKETT and KRAVITCH, Circuit Judges.

BARKETT, Circuit Judge:

Hector Garcia, a federal prisoner, appeals the dismissal as untimely of his motion to vacate his sentence pursuant to 28 U.S.C. § 2255. Garcia argues that his motion was timely because he is entitled to retroactive application of the rule announced in Gray v. Maryland, 523 U.S. 185, 118 S.Ct. 1151, 140 L.Ed.2d 294 (1998), which he contends invalidates the...

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