SANCHEZ-CASTELLANO v. U.S.

No. 02-5081.

358 F.3d 424 (2004)

Manuel SANCHEZ-CASTELLANO, Petitioner-Appellant, v. UNITED STATES of AMERICA, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 9, 2004.


Attorney(s) appearing for the Case

ARGUED: Robert C. Brooks, Memphis, TN, for Appellant.

Timothy R. DiScenza (argued and briefed), ASSISTANT UNITED STATES ATTORNEY, Memphis, TN, for Appellee.

ON BRIEF: Robert C. Brooks, Memphis, Tennessee, for Appellant.

Timothy R. DiScenza, ASSISTANT UNITED STATES ATTORNEY, Memphis, Tennessee, for Appellee.

Before: ROGERS and COOK, Circuit Judges; COHN, District Judge.


Pursuant to Sixth Circuit Rule 206.

ROGERS, J., delivered the opinion of the court, in which COOK, J., joined. COHN, D.J. (pp. 9-10), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

Appellant Manuel Sanchez-Castellano appeals the denial for untimeliness of his motion to vacate his sentence under 28 U.S.C. § 2255. The issue presented in his appeal is whether, for a federal defendant who did not seek a direct appeal...

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