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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. William G. Young, U.S. District Judge]

This case raises an issue important to the administration of criminal law: the accrual date for the application of the one year limitations period in 28 U.S.C. � 2255(4) (1994 & Supp. II 1996) to a federal prisoner who petitions to reduce his federal sentence because the underlying state convictions (on which the length of the federal sentence is predicated) have since been vacated.

Scott T. Brackett is a federal prisoner who pled guilty in July 1997 to conspiracy to distribute and possession with intent to distribute methamphetamine in violation of 21 U.S.C. � 846 (1994) and 21 U.S.C. � 841(a)(1) (1994 & Supp. 2000). His federal sentence of 108 months became final on March 12, 1998. More than two years later, on December 18, 2000, he filed a petition under 28 U.S.C. � 2255 to set aside his sentence. His claim was that his federal sentence, as a career offender under U.S.S.G. � 4B1.1, was predicated on his having been convicted at least twice before of state crimes; that those convictions had now been set aside by the state court; and that he should now be resentenced. He says he is no longer a career offender and his sentencing range consequently is only 30 to 37 months. Brackett argues that because he has already served this time he should now be released.

 
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