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MURPHY v. U.S.

Nos. 07-14823, 07-14825.

634 F.3d 1303 (2011)

Robert Marshal MURPHY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Robert Marshal Murphy, Petitioner-Appellant, v. United States of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 8, 2011.

Attorney(s) appearing for the Case

Sonya Margaret Rudenstine (Court-Appointed), Gainesville, FL, for Murphy.

Lennard B. Register, III , Thomas P. Swaim , Pensacola, FL, E. Bryan Wilson , Tallahassee, FL, for U.S.

Before TJOFLAT, EDMONDSON AND HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

The issue in this case is whether a district court order reducing a defendant's sentence pursuant to Federal Rule of Criminal Procedure 35(b)1 for the defendant's substantial assistance is a new "judgment of conviction" that resets the one-year statute of limitations for filing a motion to vacate a conviction and sentence under 28 U.S.C. § 2255.2 The district court held that its...

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