Legal Opinion
Application of Wattanasiri
District Court, S.D. New York
Decided November 14, 1997No. M-120PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION
KAPLAN, District Judge.
This motion raises the novel question whether a district court may extend the one year time limit established by the Antiterrorism and Effective Death Penalty Act (“AED-PA”) for the filing of motions to vacate sentence pursuant to 28 U.S.C. § 2255.
Facts
The defendant was convicted on his plea of guilty of violations of 18 U.S.C. §§ 241 and 371. He challenged his sentence on appeal, but the judgment was affirmed by the Court of Appeals on June 7, 1996. United States v. Kedjumnong, Nos. 95-1620(L), 95-1654(CON), 1996 WL 304757 (2d Cir. June 7, 1996).
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2Cases cited8 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
- McFarland v. ScottSupreme Court of the United States · 1994
- Muskrat v. United StatesSupreme Court of the United States · 1911
- Wayne Peterson v. J.A. Demskie, Superintendent, Woodbourne Correctional FacilityCourt of Appeals for the Second Circuit · 1997
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3Cited by10 opinions
- United States v. Luis G. LeonCourt of Appeals for the Second Circuit · 2000
- Ramirez v. United StatesDistrict Court, E.D. Virginia · 2006
- Reed v. United StatesCourt of Appeals for the Sixth Circuit · 2001
- United States v. MooreCourt of Appeals for the Sixth Circuit · 2003
- Starnes v. United StatesCourt of Appeals for the Sixth Circuit · 2001
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