ROBINSON v. U.S.

No. 04-1223.

416 F.3d 645 (2005)

Charles R. ROBINSON, IV, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 29, 2005.


Attorney(s) appearing for the Case

Thomas L. Shriner, Jr., Brian E. Cothroll (argued), Foley & Lardner, Milwaukee, WI, for Petitioner-Appellant.

Gregory M. Gilmore (argued), Office of the United States Attorney, Springfield, IL, for Respondent-Appellee.

Before MANION, ROVNER, and SYKES, Circuit Judges.


SYKES, Circuit Judge.

This appeal presents the question of when a federal conviction "becomes final" for purposes of the one-year limitations period for pursuing collateral relief under 28 U.S.C. § 2255, ¶ 6(1). The government argues that finality attaches to a judgment of conviction when the Supreme Court affirms on the merits on direct review or denies a petition for a writ of certiorari, or the time for filing a certiorari petition expires. Petitioner...

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