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BRACKETT v. U.S.

No. 01-1466.

270 F.3d 60 (2001)

Scott BRACKETT, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided October 31, 2001.

Attorney(s) appearing for the Case

Neil A. Hourihan, for appellant.

Dina Michael Chaitowitz, Assistant United States Attorney, with whom James B. Farmer, United States Attorney, was on brief, for appellee.

Before Lynch and Lipez, Doumar,

LYNCH, Circuit Judge.

This case raises an issue important to the administration of criminal law: the accrual date for the application of the one year limitations period in 28 U.S.C. § 2255(4) (1994 & Supp. II 1996) to a federal prisoner who petitions to reduce his federal sentence because the underlying state convictions (on which the length of the federal sentence is predicated) have since been vacated.

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