Eleventh Circuit Court of Appeals - Published Opinions

Thursday, April 24, 2014

Jeffries: Suspect credibility regarding mailing

In Jeffries v. U.S., No. 13-10730 (April 23, 2014), the Court affirmed the denial of a motion under 28 U.S.C. § 2255 on the ground that it was untimely. Jeffries claimed that he timely filed a supplement to his § 2255 motion. However, the prison employee in charge of the mailroom at the prison testified that there was no entry under Jeffries’ name in the mailroom book log on the date Jeffries claimed he mailed his supplement. In addition, Jeffries’ credibility was suspect because he claimed to have mailed his original § 2255 motion certified mail, but did not do so with his purported supplement mailing.