Gonzalez v. United States, No. 14-1994 (2d Cir. 2015)
Annotate this CaseDefendant, a former New York State senator, pleaded guilty to two counts of fraud and two conspiracy counts. At issue on appeal was an unsettled question regarding restitution orders and the one‐year limitations period for a 28 U.S.C. 2255 motion: Does the limitations period begin to run with an order affirming a conviction and sentence but remanding for recalculation of restitution, or does it begin to run only after the district court enters a revised restitution order on remand? The court held that the limitations period begins to run only when the revised restitution order becomes final. Accordingly, the May 2014 district court order is vacated and the court remanded for further proceedings.
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