In Borch, the Sixth Circuit held that a district court may not use section 2255 to "allow an out-of-time filing of a renewed appeal of the movant's conviction, nor vacate and reimpose its judgment of conviction in order to recommence the time for appeal."
Summary of this case from U.S. v. Perry90-1991, 90-2137, 90-2221, 90-2252.
October 16, 1992.
E.D.MICH.
AFFIRMED IN PART, REVERSED IN PART
In Borch, the Sixth Circuit held that a district court may not use section 2255 to "allow an out-of-time filing of a renewed appeal of the movant's conviction, nor vacate and reimpose its judgment of conviction in order to recommence the time for appeal."
Summary of this case from U.S. v. PerryFull title:Central Quality Services Corp. v. Insurance Co. of North America
Court:United States Court of Appeals, Sixth Circuit
Date published: Oct 16, 1992
See Mitchell v. Ins. Co. of North America, No. 86-51880-CK (Kent Cty. Cir.Ct. Nov. 11, 1988), in which the…
McCloud v. TestaThird, the government's proffered justifications for patronage practices must satisfy strict scrutiny. Elrod…