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SANDVIK v. U.S.

No. 97-5891.

177 F.3d 1269 (1999)

Edward Steve SANDVIK, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 15, 1999.

Attorney(s) appearing for the Case

Marcia G. Shein, Law Office of Marcia G. Shein, P.C., Atlanta, GA, for Petitioner-Appellant.

Thomas E. Scott, U.S. Attorney, Lisette Reid, Suzan H. Ponzoli, Adalberto Jordan, Asst. U.S. Attorneys, Miami, FL, for Respondent-Appellee.

Before COX and HULL, Circuit Judges, and COHILL, Senior District Judge.

PER CURIAM:

This appeal presents the issue whether the period of limitations in 28 U.S.C. § 2255 may be equitably tolled. We hold that it may, but that mere attorney negligence like that here is not a basis for equitable tolling.

1. Background

In 1991, Edward Sandvik was convicted, on a plea of guilty, of conspiracy to possess cocaine with intent to distribute. After skipping bail for his first scheduled sentencing hearing, Sandvik was...

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