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· 12/24/2008

Barreto-Barreto v. United States

Citations

  • 551 F.3d 95
  • 2008 U.S. App. LEXIS 26403
  • 2008 WL 5352049

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that \§ 2255 explicitly states that the limitations period 'shall apply' to all motions made under § 2255\
  • holding that “the limitations period ‘shall apply’ to all motions made under § 2255”
  • holding that “the limitations period ‘shall apply’ to all motions made under § 2255”
  • noting that the \extraordinary circumstances\ standard focuses on the circumstances surrounding the late filing of the habeas petition, rather than the circumstances surrounding the underlying action
  • holding “the discovery of a new legal theory 3 does not constitute a discoverable ‘fact’ for purposes of § 2255(f)(4)”
  • pointing out that “[n]othing in the language of § 2255 suggests that jurisdictional challenges are exempt from the one-year limitations period” and holding that such petitions “are not exempt from § 2255’s filing deadline”

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Howard, Diclerico

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.