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UNITED STATES v. ARRINGTON

No. 19-3086.

4 F.4th 162 (2021)

UNITED STATES of America, Appellee, v. Derrek E. ARRINGTON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 2021.

Attorney(s) appearing for the Case

Lisa B. Wright , Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A. J. Kramer , Federal Public Defender, Tony Axam Jr. , Assistant Federal Public Defender, entered an appearance.

Daniel J. Lenerz , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Elizabeth Trosman , Assistant U.S. Attorney, at the time the brief was filed, and John P. Mannarino , Assistant U.S. Attorney.

Dissenting opinion filed by Circuit Judge Walker.

Under the Antiterrorism and Effective Death Penalty Act (AEDPA), an otherwise untimely habeas petition is timely if it is filed within a year of "the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable...

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