McMillan v. Secretary for the Department of Corrections

Anthony McMillan, a Florida prisoner proceeding through appointed counsel, appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. After review and oral argument, we affirm.

I. BACKGROUND

A. State Court Conviction and Direct Appeal

In January 1999, a jury convicted McMillan of two counts of robbery with a firearm and one count of armed carjacking. He was sentenced as a habitual violent felony offender to concurrent life sentences on each count. On January 19, 2000, the state appellate court affirmed his convictions and sentences. McMillan v. State, 763…