United States v. Tommy Martin, Jr.

BERZON, Circuit Judge:

The pivotal question in this case is whether there is any time limit within which a party to a 28 U.S.C. § 2255 proceeding may file a motion to reconsider a district court’s order resolving the merits of a § 2255 petition when that order contemplates resentencing, but the resentenc-ing has not yet occurred. One might assume that this technical question of § 2255 procedure would have come up before and could be determined under settled law. Surprisingly, though, as far as we can determine the precise issue has never been addressed either by this court or by any other…