Legal Opinion

Brackett v. United States

Court of Appeals for the First Circuit

Decided October 31, 2001No. 01-1466PublishedCited by 56 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

This ease raises an issue important to the administration of criminal law: the accrual date for the application of the one year limitations period in 28 U.S.C. § 2255(4) (1994 & Supp. II 1996) to a federal prisoner who petitions to reduce his federal sentence because the underlying state convictions (on which the length of the federal sentence is predicated) have since been vacated.

Scott T. Brackett is a federal prisoner who pled guilty in July 1997 to conspiracy to distribute and possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 846 (1994)…

2Cases cited40 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  4. Rose v. LundySupreme Court of the United States · 1982
  5. United States v. TuckerSupreme Court of the United States · 1972

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3Cited by56 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2005
  2. Ellis v. United StatesCourt of Appeals for the First Circuit · 2002
  3. Charles Larry Jones v. United StatesCourt of Appeals for the Eleventh Circuit · 2002
  4. Johnson v. United StatesCourt of Appeals for the Eleventh Circuit · 2003
  5. United States v. Herbert L. Bendolph, at No. 01-2468 United States of America v. Julio Otero, at No. 02-2624Court of Appeals for the Third Circuit · 2005

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