Rosa v. United States, No. 14-889 (2d Cir. 2015)
Annotate this CasePetitioner, convicted of producing child pornography and witness tampering, appealed the denial of his petition for writ of habeas corpus under 28 U.S.C. 2255. At issue was the timeliness of the petition under the one‐year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub. L. No. 104‐132, 110 Stat. 1214. The court joined eight of its sister circuits and held that the statute of limitations runs from the denial of certiorari, not from the denial of a rehearing of the certiorari petition. In this case, petitioner filed his petition for a writ of habeas corpus more than one year after the Supreme Court denied his petition for a writ of certiorari. Therefore, the petition is untimely and the court affirmed the judgment of the district court.
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