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BARNES v. U.S.

No. 05-10856 Non-Argument Calendar.

437 F.3d 1074 (2006)

Tracey James BARNES, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 24, 2006.

Attorney(s) appearing for the Case

Mark W. Lyons, Rosenblum, Schwartz, Rogers & Glass, P.C., St. Louis, MO, for Barnes.

Jeanne Marie Mullenhoff, Anne R. Schultz, Asst. U.S. Atty., Kathleen M. Salyer, Miami, FL, for U.S.

Before CARNES, PRYOR and FAY, Circuit Judges.

PER CURIAM:

Tracey James Barnes, a federal prisoner, appeals the dismissal of his 28 U.S.C. § 2255 motion to vacate as time-barred. Barnes filed his petition after the effective date of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub. L No. 104-132, 110 Stat. 1214 (1996); therefore the provisions of that act govern his appeal. Barnes argues that the filing of a Federal Rule of Criminal Procedure 33 motion for a new trial either became...

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