United States v. Brian Keith Battles

Brian Battles appeals the district court’s denial of his motion to reconsider its sua sponte order dismissing his motion for post-conviction relief on the basis that it was barred by the statute of limitations. See 28 U.S.C. § 2255 . We affirm in part, reverse in part, and remand.

BACKGROUND

Battles was found guilty of drug offenses and was sentenced. We affirmed his conviction, he petitioned the Supreme Court for certiorari, and that petition was denied on October 5, 1998. On October 12,1999, Battles filed for § 2255 relief, but the district court denied the petition sua sponte because it was filed more than one year after the date of denial of certiorari.

Battles, then, requested reconsideration on the basis that he had not been able to obtain the trial transcripts from his attorney, who was improperly withholding them and refusing to cooperate. The district court denied the motion on the basis that, as it turned out, Battles did not actually need those transcripts in order to file his petition with the court. In fact, he filed without them. This appeal followed.

JURISDICTION AND STANDARD OF REVIEW

The district court had jurisdiction pursuant to 28 U.S.C. § 2255 . We have…