UNITED STATES of America,
v.
Herbert L. BENDOLPH, Appellant at No. 01-2468
United States of America
v.
Julio Otero, Appellant at No. 02-2624
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued October 26, 2004.
Reargued February 23, 2005.
Decided May 16, 2005.
Attorney(s) appearing for the Case
David R. Fine, Esq. (Argued), Marsha A. Sajer, Esq., Robert A. Lawton, Kirkpatrick & Lockhart Nicholson Graham LLP, Harrisburg, PA, Counsel for Appellants.
Colm F. Connolly, United States Attorney, District of Delaware, Richard G. Andrews, Esq. (Argued), Office of the United States Attorney, Wilmington, DE, Counsel for Appellees at 01-2468.
Thomas A. Marino, Esq., United States Attorney, Middle District of Pennsylvania, Theodore B. Smith, III, Esq. (Argued), William A. Behe, Esq., Office of the United States Attorney, Harrisburg, PA, Counsel for Appellees at 02-2624.
Maureen Kearney Rowley, Esq., Chief Federal Defender, Eastern District of Pennsylvania, Helen Marino, Esq., Michael Wiseman, Esq., Office of the Federal Defender, Philadelphia, PA, Amicus SCuriae supporting Appellants.
Patrick L. Meehan, Esq., United States Attorney, Eastern District of Pennsylvania, Laurie Magid, Esq., Robert A. Zauzmer, Esq., Michael J. Bresnick, Esq., Office of the United States Attorney, Philadelphia, PA, Amicus Curiae supporting Appellees.
Before: SCIRICA, Chief Judge, SLOVITER, NYGAARD, ROTH, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, and VAN ANTWERPEN, Circuit Judges.
United States Court of Appeals, Third Circuit.
Reargued En Banc February 23, 2005.
OPINION OF THE COURT
VAN ANTWERPEN, Circuit Judge.1
This en banc court is presented with two cases consolidated on appeal. In the first case, Herbert Bendolph appeals from an order of the District Court which dismissed his motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255 (" § 2255 motion") as untimely. In the second case, Julio Otero appeals...
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