Legal Opinion

United States v. Sylvester

Court of Appeals for the Third Circuit

Decided December 14, 2007No. 06-2660UnpublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

RENDELL, Circuit Judge.

Shawn Sylvester appeals from an order of the District Court dismissing his 28 U.S.C. § 2255 motion. Sylvester contends that the District Court erred in determining that the limitations period for filing a motion under 28 U.S.C. § 2255 begins to run on the date when a motion for voluntary dismissal of the defendant’s direct appeal is granted. The District Court issued a certificate of appealability (“COA”) limited to this issue. The Government now moves for dismissal of this appeal on the grounds that the District Court erroneously issued the COA. For…

2Cases cited7 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Michael Kapral v. United StatesCourt of Appeals for the Third Circuit · 1999
  3. United States v. Angel Cepero A/K/A Angel Villar-Cepero A/K/A Mosquito Angel CeperoCourt of Appeals for the Third Circuit · 2000
  4. United States v. Leroy S. Outen Rodney D. Smith Sheldon Wilford Donald Gordon Euton Christian Tyrone McFadden Herbie Noel, AKA "Wayne"Court of Appeals for the Second Circuit · 2002
  5. Thomas Barrow v. Lloyd A. Falck, Individually and as Sheriff of Ford County, Illinois, and Ford County, IllinoisCourt of Appeals for the Seventh Circuit · 1992

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Edward Colbert v. Theodore BrennanCourt of Appeals for the Fifth Circuit · 2014
  2. United States v. GowardDistrict Court, E.D. Michigan · 2010
  3. Westmoreland v. HetzellDistrict Court, N.D. Alabama · 2011
  4. MARIO D. ADAWAY v. UNITED STATES OF AMERICADistrict Court, E.D. Missouri · 2026
  5. Mark v. ThalerCourt of Appeals for the Fifth Circuit · 2011

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API