Legal Opinion
Gonzalez v. United States
Court of Appeals for the Second Circuit
Decided July 2, 2015No. 14-1994-prPublishedCited by 20 opinions
1Per curiam
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 a revised restitution order on remand?
We hold that the limitations period begins to run only when the revised restitution order becomes final. Accordingly, the May 19, 2014 order of the United States District Court for the Southern District of New York…
2Cases cited37 opinions
- Clay v. United StatesSupreme Court of the United States · 2003
- Magwood v. PattersonSupreme Court of the United States · 2010
- Deal v. United StatesSupreme Court of the United States · 1993
- Pasquantino v. United StatesSupreme Court of the United States · 2005
- United States v. Lionel Reifler, Glenn B. Laken, John M. Black, Jr.Court of Appeals for the Second Circuit · 2006
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3Cited by20 opinions
- United States v. RutiglianoCourt of Appeals for the Second Circuit · 2018
- United States v. Weldon GilbertCourt of Appeals for the Ninth Circuit · 2015
- Kassir v. United StatesCourt of Appeals for the Second Circuit · 2021
- United States v. RyanCourt of Appeals for the Second Circuit · 2015
- McCloud v. United StatesCourt of Appeals for the Second Circuit · 2021
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