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DAVENPORT v. U.S.

No. 99-2099.

217 F.3d 1341 (2000)

Joseph Francis DAVENPORT, a.k.a. Little Joe, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 13, 2000.

Attorney(s) appearing for the Case

Gwendolyn L. Spivey, Tallahassee, FL, for Petitioner-Appellant.

Randall J. Hensel, Nancy J. Hess, Pensacola, FL, William Wagner, Dept. of Justice, U.S. Attorney's Office, Gainesville, FL, for Respondent-Appellee.

Before COX and HULL, Circuit Judges, and GEORGE, District Judge.

HULL, Circuit Judge:

Appellant Joseph F. Davenport timely filed a § 2255 motion to vacate his conviction and sentence raising four claims. After the AEDPA's one-year deadline, Davenport filed an amended § 2255 motion raising three new claims. The district court found that the three new claims did not relate back under Rule 15(c) to the date of Davenport's original § 2255 motion and thus were barred by the AEDPA's one-year statute of limitations. We...

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