Capozzi v. United States, No. 13-1993 (1st Cir. 2014)Annotate this Case
Petitioner filed a motion for relief pursuant to 28 U.S.C. 2255, alleging that he was denied his Sixth Amendment right to counsel at stages during his criminal proceeding and that he was forced to represent himself at trial. Petitioner subsequently amended his motion to include a Brady claim. The district court concluded that the Sixth Amendment claim was time-barred, and the government conceded that the Brady claim was timely. The First Circuit refused Petitioner’s request for an expanded certificate of appealability on his Sixth Amendment claim on the grounds that it was untimely. Petitioner then filed a motion for reconsideration, arguing that his Sixth Amendment claim was timely because it was a part of a section 2255 motion that included a timely claim. The First Circuit denied the motion for reconsideration, holding (1) the period of limitation in 28 U.S.C. 2255(f) should be applied on a claim-by-claim basis; and (2) under this approach, Petitioner’s Sixth Amendment claim was clearly time-barred.