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WIMS v. U.S.

No. 99-2210.

225 F.3d 186 (2000)

John C. WIMS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 14, 2000.

Attorney(s) appearing for the Case

Howard D. Simmons, New York, NY, for Petitioner-Appellant.

William J. Hochul, Assistant United States Attorney, for Denise E. O'Donnell, United States Attorney, Western District of New York, Buffalo, NY, for Respondent-Appellee.

Before: MESKILL, CALABRESI, and KATZMANN, Circuit Judges.

CALABRESI, Circuit Judge:

This appeal presents a question concerning the proper application of the one-year statute of limitations governing federal habeas corpus relief pursuant to 28 U.S.C. § 2255. We hold that § 2255(4) establishes the date on which the limitations period begins to run; that date is determined by when "the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence." Id.

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