Ferreira v. Secretary, Department of Corrections

BLACK, Circuit Judge:

Following its decision in Burton v. Stewart, — U.S. —, 127 S.Ct. 793, 166 L.Ed.2d 628 (2007), the Supreme Court vacated this Court’s opinion in Ferreira v. Sec’y, Dep’t of Corr., 183 Fed.Appx. 885 (11th Cir.2006), and remanded it for further consideration in light of Burton. Previously, we held that Ferreira’s petition for a writ of habeas corpus was time-barred. Ferreira, 183 Fed.Appx. at 886. We reasoned that when a petitioner who had been resentenced challenged only his underlying conviction in a habeas petition, the one-year statute of limitations in the…