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UNITED STATES v. SINGLETARY

No. 04-3151.

471 F.3d 193 (2006)

UNITED STATES OF AMERICA, APPELLEE, v. DANIEL SINGLETARY, APPELLANT

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2006.

Attorney(s) appearing for the Case

Thomas J. Saunders, appointed by the court, argued the cause and filed the brief for appellant.

Mary Patrice Brown, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Roy W. McLeese III, Assistant U.S. Attorney.

Before: HENDERSON, ROGERS and BROWN, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This delayed appeal from a judgment of conviction requires the court to consider the effect of the Supreme Court's clarification in Eberhart v. United States, 126 S.Ct. 403 (2005), that certain procedural rules setting inflexible time limits are claim-processing rules that do not affect a court's subject-matter jurisdiction and consequently, a defense of untimeliness may be...

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