United States v. Weldon Gilbert

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’s limitations period is triggered when the time expires to directly appeal an initial “sentence of incarceration coupled with an unspecified amount of restitution”
• holding that the time limit to appeal runs following the sentence even if the restitution amount is unspecified and that the postconviction time limit does not restart once the restitution amount is set
• observing that “incorrect legal advice regarding the deadline to file” a habeas petition is not an extraordinary circumstance
• holding a judgment that includes a sentence but leaves the amount of restitution open is sufficiently final for appellate purposes
• \[A] sentence of incarceration coupled with an unspecified amount of restitution is a sufficiently final judgment to support a direct appeal\
• “We hold that when a judgment imposes a sentence but leaves the amount of restitution to be determined, the one-year statute of limitations to file a § 2255 motion does not restart when the specific amount of restitution is later entered.”

Source: CourtListener parenthetical corpus (CC0).