U.S. v. THOMAS

No. 98-3460.

221 F.3d 430 (2000)

UNITED STATES of America, Appellee, v. Leroy THOMAS, a/k/a Sheeba Leroy Thomas, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 1, 2000.


Attorney(s) appearing for the Case

David R. Fine, Esq. (Argued), Robert L. Byer, Esq., James T. Tallman, Esq., Kirkpatrick & Lockhart, L.L.P., Pittsburgh, PA, Attorneys for Appellant.

Bonnie R. Schleuter (Argued), Assistant United States Attorney, United States Attorney's Office, Western District of Pennsylvania, Pittsburgh, PA, Attorney for Appellee.

Before: BECKER, Chief Judge, BARRY, and BRIGHT, Circuit Judges.


OPINION OF THE COURT

BARRY, Circuit Judge:

This appeal requires us to decide whether the relation back of amendments provision of Rule 15 of the Federal Rules of Civil Procedure ("Fed.R.Civ.P.") is consistent with 28 U.S.C. § 2255 and the rules governing § 2255 proceedings, such that an amendment to a timely filed § 2255 petition may relate back to the date of the petition after the expiration of the one-year period of limitations prescribed...

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