Legal Opinion
Sandvik v. United States
Court of Appeals for the Eleventh Circuit
Decided June 15, 1999No. 97-5891PublishedCited by 319 opinions
1Per curiam
This appeal presents the issue whether the period of limitations in 28 U.S.C. § 2255 may be equitably tolled. We hold that it may, but that mere attorney negligence like that here is not a basis for equitable tolling.
1. Background
In 1991, Edward Sandvik was convicted, on a plea of guilty, of conspiracy to possess cocaine with intent to distribute. After skipping bail for his first scheduled sentencing hearing, Sandvik was ultimately sentenced in 1992 to 188 months’ imprisonment. His sentence was affirmed on appeal in August 1993. Nearly four years later, represented by counsel, Sandvik filed…
2Cases cited10 opinions
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- United States v. BeggerlySupreme Court of the United States · 1998
- Frank T. Miller v. New Jersey State Department of Corrections Donald E. Lewis, Warden/administrator Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
- Davis v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
- Calderon v. United States District CourtCourt of Appeals for the Ninth Circuit · 1997
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3Cited by319 opinions
- Holland v. FloridaSupreme Court of the United States · 2010
- Percy Stanley Harris v. Ronald Hutchinson, Warden, Maryland House of Corrections J. Joseph Curran, Jr., Attorney General of the State of MarylandCourt of Appeals for the Fourth Circuit · 2000
- Kenneth Bernard Rouse v. R.C. Lee, Warden, Central Prison, Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2003
- Alixcair Valverde v. James Stinson, Superintendent, Great Meadow Corr. Fac.Court of Appeals for the Second Circuit · 2000
- San Martin v. McNeilCourt of Appeals for the Eleventh Circuit · 2011
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