United States v. Wright, No. 17-2715 (2d Cir. 2019)Annotate this Case
Defendant filed a notice of appeal more than three years after he was sentenced for two counts of assault on a law enforcement officer. The Second Circuit held that United States v. Fuller, 332 F.3d 60, 65 (2d Cir. 2003), was inapplicable in this case, because it was unclear whether defendant could have filed a timely petition for habeas relief in the district court at the time he filed his untimely notice of appeal with this court. Therefore, the court dismissed defendant's appeal as untimely, and remanded to the district court with instructions to convert his notice of appeal into a petition for habeas relief, assessing whether such petition would be timely under 28 U.S.C. 2255(f)(4).