United States v. McDade, No. 09-3094 (D.C. Cir. 2012)
Annotate this CaseDefendant filed a motion challenging his sentence pursuant to 28 U.S.C. 2255 after he failed to obtain reversal of his conviction. The motion was filed within the one-year limitation of section 2255(f), but did not include his claim of ineffective assistance of trial counsel. The government therefore maintained that this later-filed claim was not properly before the court. The court held that equitable tolling applied to section 2255 motions. Here, the later-filed claim was not properly before the court because defendant was diligent in researching his claim and post-conviction counsel acknowledged that the failure to include the ineffective assistance claim in the timely section 2255 motion was due solely to his own error. On the merits, however, the court concluded that defendant failed to meet his burden under Strickland v. Washington. Accordingly, the court affirmed the judgment.
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