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U.S. v. HOPKINS

No. 00-7099.

268 F.3d 222 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Todd Lewis HOPKINS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 10, 2001.

Attorney(s) appearing for the Case

ARGUED: Eugene K. Ohm, COMMUNITY LEGAL CLINICS, Washington, D.C., for Appellant.

Andrew J. Russell, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

ON BRIEF: Jennifer P. Lyman, COMMUNITY LEGAL CLINICS, Washington, D.C., for Appellant.

Robert P. Crouch, Jr., United States Attorney, Ruth E. Plagenhoef, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Before: NIEMEYER, LUTTIG, and KING, Circuit Judges.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER and Judge LUTTIG joined.

OPINION

KING, Circuit Judge:

Todd Lewis Hopkins appeals the district court's dismissal, for lack of timeliness, of his 28 U.S.C. § 2255 motion. According to Hopkins, his petition was timely because the one-year period of limitation established in § 2255 did not commence to run until the Supreme Court's recent stop and frisk decision...

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