James R. Bright v. United States
HabeasCorpus
Whether Section 2255(f)(3) tolls the filing period for a defendant asserting that Johnson v. United States applies in a situation similar to that in Johnson, or only for defendants asserting that Johnson applies to a situation exactly like that in Johnson
QUESTION PRESENTED Section 2255(f)(3) of Title 28 of the United States Code tolls the one-year filing period for a § 2255 motion until “the date on which the right asserted was initially recognized by the Supreme Court.” In Johnson, the Supreme Court initially recognized a new right. Does § 2255(f)(3) toll the filing period for a defendant asserting that Johnson applies in a situation similar to that in Johnson, or does it toll the period only for defendants asserting that Johnson applies to a situation exactly like that in Johnson? i