U.S. v. GARCIA

No. 98-15839.

210 F.3d 1058 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Felipe Arrevalo GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2000.


Attorney(s) appearing for the Case

Katherine Hart and Steven Crawford, Fresno, California, for the defendant-appellant.

Mark McKeon, Assistant United States Attorney, Sacramento, California, for the plaintiff-appellee.

Before: O'SCANNLAIN, LEAVY, and RYMER, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

When does a federal judgment of conviction become final? We must decide whether the one-year limitations period for filing a motion to attack a conviction under 28 U.S.C. § 2255 runs from the date on which the court of appeals affirms the judgment or ninety days later when the time for filing a petition for a writ of certiorari expires.

I

On November 10, 1994, Felipe Arrevalo Garcia ("Garcia") was convicted of one...

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