Legal Opinion
Lopez v. United States
Court of Appeals for the Second Circuit
Decided May 16, 2006No. 04-5095-PRPublishedCited by 2 opinions
1Opinion of the Court
SUMMARY ORDER
Petitioner-appellant Vincent Lopez (“Lopez”) appeals from the district court’s dismissal of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 as time-barred. We assume the parties’ familiarity with the facts of this case, its relevant procedural history, and the issues on appeal.
Generally, “on an appeal from the denial of a § 2255 motion, we review a district court’s conclusions of law de novo but will accept its factual findings unless they are clearly erroneous.” Sapia v. United States, 438 F.3d 212, 216 (2d Cir.2005). We have not explicitly…
2Cases cited7 opinions
- Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000
- Alixcair Valverde v. James Stinson, Superintendent, Great Meadow Corr. Fac.Court of Appeals for the Second Circuit · 2000
- Teresa Zerilli-Edelglass v. New York City Transit Authority and Manhattan and Bronx Surface Transit Operating AuthorityCourt of Appeals for the Second Circuit · 2003
- John Doe v. Frederick Menefee, Warden, Warden of the Otisville Federal Correctional Institution the Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 2004
- Heriberto Baldayaque v. United StatesCourt of Appeals for the Second Circuit · 2003
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3Cited by2 opinions
- Tellado v. United StatesDistrict Court, D. Connecticut · 2011
- Finster v. EckertDistrict Court, N.D. New York · 2020