Kenneth Rijock

Kenneth Rijock

Sunday, November 2, 2014

VICTOR BOUT FACES A FILING DEADLINE: WILL HE IGNORE IT ?


It will shortly be a full year since Viktor Bout's conviction was affirmed by the Second Circuit. Though the computation of precisely when his judgment becomes final is subject to interpretation, when it does, he will, with rare exceptions, run out of time to challenge his conviction, employing Section 2255*. Why have we not seen anything from his strident Russian attorneys, who said a "dream team" was being set up on his behalf, with prominent  US lawyers ?

 If he is seeking to "vacate, set aside or correct:" his sentence, on Constitutional or jurisdictional grounds, or by collaterally attacking his sentence, the clock is ticking. There were allegations that Bout has first-hand knowledge, which he will present, of his relationship with agencies of the united States Government, which will result in an acquittal. If this is truly the case, he has but a short time in which to file them, and barring any newly discovered evidence aspect, which does not appear to be the case here, the Statute of Limitation will bar any further efforts to attack his conviction.

If there actually is a "Smoking Gun," it is high time to assert it. Bout failed to file a Petition for a Writ of Certiorari, to the US Supreme Court, after his conviction was affirmed on direct appeal. This is his last chance to seek relief.
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* 28 USC §2255.



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