Kingsbury v. United States, No. 16-56789 (9th Cir. 2018)
Annotate this CaseFederal Rule of Civil Procedure 58's requirement that a separate document be filed upon entry of judgment applies in proceedings under 28 U.S.C. 2255. In this case, after petitioner pleaded guilty to fraud-related charges and was sentenced, he filed a motion under section 2255 seeking to vacate his plea and sentence. The district court denied the motion but did not enter judgment in a separate document. Petitioner then filed a notice of appeal just over two months after the district court's denial of his section 2255 motion. The Ninth Circuit held that petitioner's notice of appeal was timely and that the court had jurisdiction over his appeal.
Court Description: 28 U.S.C. § 2255 The panel held that Federal Rule of Civil Procedure 58’s requirement that a separate document be filed upon entry of judgment applies in proceedings under 28 U.S.C. § 2255. The panel concluded that the petitioner’s notice of appeal was therefore timely, and that this court has jurisdiction over his appeal. In a concurrently filed order, the panel granted in part the petitioner’s request for a certificate of appealability and set a briefing schedule.
The court issued a subsequent related opinion or order on August 12, 2019.
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