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U.S. v. MONTANO

No. 03-11950.

398 F.3d 1276 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco MONTANO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 4, 2005.

Attorney(s) appearing for the Case

Paul James Kaplan (Court-Appointed), Alston & Bird LLP, Atlanta, GA, for Defendant-Appellant.

Amy Levin Weil, H. Allen Moye, Atlanta, GA, for Plaintiff-Appellee.

Before BARKETT and HILL, Circuit Judges, and FORRESTER, District Judge.

ON PETITION FOR REHEARING

PER CURIAM:

Plaintiff-Appellee's Petition for Rehearing filed November 10, 2004 is GRANTED in part, in order to remedy incorrect references to 28 U.S.C. § 2244(d)(1). Section 2244(d)(1) governs the statute of limitations for state prisoners seeking post-conviction relief. Since Montano is a federal prisoner, the opinion should instead reference 28 U.S.C. § 2255, ¶ 6, the equivalent provision governing federal prisoners...

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