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JOHNSON v. UNITED STATES

No. 03-9685.

544 U.S. 295 (2005)

JOHNSON v. UNITED STATES.

Supreme Court of United States.

Decided April 4, 2005.

Attorney(s) appearing for the Case

Courtland L. Reichman argued the cause and filed briefs for petitioner.

Dan Himmelfarb argued the cause for the United States. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Wray, Deputy Solicitor General Dreeben, and Nina Goodman.*

SOUTER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, THOMAS, and BREYER, JJ., joined. KENNEDY, J., filed a dissenting opinion, in which STEVENS, SCALIA, and GINSBURG, JJ., joined, p. 312.

JUSTICE SOUTER delivered the opinion of the Court.

The question here is when the 1-year statute of limitations in 28 U. S. C. § 2255, ¶ 6(4), begins to run in a case of a prisoner's collateral attack on his federal sentence on the ground that a state conviction used to enhance that sentence has since been vacated. We hold that the period begins when a petitioner receives notice of the order vacating the prior conviction, provided that he has sought it with...

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