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Home / Opinion Digests / Criminal Practice / Criminal Practice – Motion to Vacate/Set Aside Sentence – Procedural Default – Holloway Doctrine (access required)

Criminal Practice – Motion to Vacate/Set Aside Sentence – Procedural Default – Holloway Doctrine (access required)

Defendant waited 15 years after the denial of his §2255 motion on procedural default grounds and 15 months after an asserted intervening change in the applicable law to file a Rule 60(b) motion, thereby rendering the motion untimely. The court was further without jurisdiction to alter defendant’s sentence. We grant the government’s motion to dismiss defendant’s ...

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