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GONZALEZ v. U.S.

No. 14-1994-pr.

792 F.3d 232 (2015)

Efrain GONZALEZ, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 2, 2015.

Attorney(s) appearing for the Case

Efrain Gonzalez, Jr., pro se.

Care of Federal Correctional Institution, Fort Dix, NJ, for Petitioner-Appellant.

Michael A. Levy , Assistant United States Attorney, for Preet Bharara , United States Attorney for the Southern District of New York, New York, N.Y., for Respondent-Appellee.

Before: CABRANES, POOLER, and CHIN, Circuit Judges.

This appeal presents an unsettled question regarding restitution orders and the one-year limitations period for a 28 U.S.C. § 2255 motion: Does the limitations period begin to run with an order affirming a conviction and sentence but remanding for recalculation of restitution, or does it begin to run only after the district court enters...

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