Chavers v. Sec'y, Florida Dep't of Corr., 468 F.3d 1273 (11th Cir. 2006). · Go Syfert
Chavers v. Sec'y, Florida Dep't of Corr., 468 F.3d 1273 (11th Cir. 2006). Cases Citing This Book View Copy Cite
153 citation events (153 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) January Littlejohn v. School Board of Leon County Florida
11th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
the holdings of a prior decision can reach only as far as the facts and circumstances frame the precise issue presented in that case.
discussed Cited as authority (verbatim quote) Douglas Stalley v. Lake CI Warden
11th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
the holdings of a prior decision can reach only as far as the facts and circumstances frame the precise issue presented in that case.
discussed Cited as authority (verbatim quote) Jerry Nelson v. Keyvon Sellers (2×) also: Cited "see, e.g."
11th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
the holdings of a prior decision can reach only as far as the facts and circumstances frame the precise issue presented in that case.
discussed Cited as authority (verbatim quote) Jerry Nelson v. Keyvon Sellers (2×) also: Cited "see, e.g."
11th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
the holdings of a prior decision can reach only as far as the facts and circumstances frame the precise issue presented in that case.
discussed Cited as authority (verbatim quote) Jerry Nelson v. Keyvon Sellers (2×) also: Cited "see, e.g."
11th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
the holdings of a prior decision can reach only as far as the facts and circumstances frame the precise issue presented in that case.
examined Cited as authority (verbatim quote) Hernandez-Morel v. Florida Department of Corrections
S.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
the entry of judgment, and not the issuance of the mandate, is the event that starts the running of time for seeking supreme court review, within the meaning of supreme court rule 13.3 and 28 u.s.c. 2244 (d)(1)(a).
examined Cited as authority (verbatim quote) Mingst v. Florida Department of Corrections
S.D. Fla. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the entry of judgment, and not the issuance of the mandate, is the event that starts the running of time for seeking supreme court review, within the meaning of supreme court rule 13.3 and 28 u.s.c. 2244 (d)(1)(a).
examined Cited as authority (verbatim quote) Cuffy v. Secretary of Department of Corrections (2×)
S.D. Fla. · 2021 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
we now hold, as we said in bond, that the entry of judgment, and not the issuance of the mandate, is the event that starts the running of time for seeking supreme court review.
discussed Cited as authority (verbatim quote) Dudley Bryant, Jr. v. Warden, FCC Coleman - Medium (2×) also: Cited as authority (rule)
11th Cir. · 2013 · quote attribution · 1 verbatim quote · confidence high
the holdings of a prior decision can reach only as far as the facts and circumstances frame the precise issue presented in that case.
discussed Cited as authority (quoted) Philip Walter Jones v. Secretary, Florida Department of Corrections
11th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence low
we review de novo a district court's denial of a habeas petition as untimely.
discussed Cited as authority (rule) Derrick Grantley v. Ricky Dixon, Secretary, Florida Department of Corrections
S.D. Fla. · 2025 · confidence medium
Fla. Jan. 12, 2024) (Ruiz, J.) (“AEDPA’s statute of limitations would have began to run the next day, May 8, 2002, ‘because that is when the time for seeking Supreme Court review expired.’” (quoting Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006))).
discussed Cited as authority (rule) Eric Riva Muturi v. Secretary, Florida Department of Corrections
M.D. Fla. · 2025 · confidence medium
See Chamblee v. Florida, 905 F.3d 1192, 1198 (11th Cir. 2018) (“Chamblee’s judgment was final for purposes of triggering the AEDPA’s limitations period . . . when the 90-day window for filing a petition for a writ of certiorari in the United States Supreme Court seeking direct review of the First District Court of Appeal’s decision affirming his convictions and sentence expired.”); Chavers v. Sec’y, Fla. Dep’t of Corrs., 468 F.3d 1273, 1275 (11th Cir. 2006) (same).
discussed Cited as authority (rule) Kenneth Alfred Bicking, III v. Secretary, Florida Department of Corrections
M.D. Fla. · 2025 · confidence medium
The time for Bicking to file a petition for writ of certiorari expired on Thursday, January 5, 2017 (ninety days after October 7, 2016).3 See Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006) (affording the 90-day grace period to a Florida petitioner whose conviction was affirmed by a court of appeal in an unelaborated per curiam decision).
discussed Cited as authority (rule) KILLACKY v. FLORES (2×) also: Cited "see"
N.D. Fla. · 2025 · confidence medium
Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006).
cited Cited as authority (rule) GREER v. SECRETARY DEPARTMENT OF CORRECTIONS STATE OF FLORIDA
N.D. Fla. · 2025 · confidence medium
See 28 U.S.C § 2244(d)(1)(A); Chavers v. Sec'y, Fla. Dep't of Corr., 468 F.3d 1273, 1274-1275 (11th Cir. 2006).
discussed Cited as authority (rule) Turner v. Dixon (2×) also: Cited "see"
S.D. Fla. · 2025 · confidence medium
Chavers v. Sec’y, Fla. Dept of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006).
discussed Cited as authority (rule) Rodgers v. Secretary, Florida Department of Corrections (Duval County) (2×)
M.D. Fla. · 2024 · confidence medium
P. 6(a)(1)(C); Chavers v. Sec’y, Fla. Dep’t of Corrs., 468 F.3d 1273, 1275 (11th Cir. 2006) (affording the 90-day grace period to a Florida petitioner whose conviction was affirmed by a court of appeal in an unelaborated per 6 curiam decision).
discussed Cited as authority (rule) CROSBY v. DIXON (2×) also: Cited "see"
N.D. Fla. · 2024 · confidence medium
Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006).
discussed Cited as authority (rule) Denkins v. Secretary, Florida Department of Corrections (Duval County)
M.D. Fla. · 2024 · confidence medium
The time for Denkins to file a petition for writ of certiorari 4 expired on Monday, September 17, 2018 (ninety days after June 18, 2018).3 See Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006) (affording the 90-day grace period to a Florida petitioner whose conviction was affirmed by a court of appeal in an unelaborated per curiam decision).
discussed Cited as authority (rule) TUBBS v. DIXON (2×) also: Cited "see"
N.D. Fla. · 2024 · confidence medium
Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006).
cited Cited as authority (rule) Kimbrough v. Hamm
N.D. Ala. · 2024 · confidence medium
See 28 U.S.C. § 2244 (d)(1); Chavers v. Sec’y, Fla. Dep’t. of Corr., 468 F.3d 1273, 1274 (11th Cir. 2006).
discussed Cited as authority (rule) Wilson v. Secretary Department of Corrections (St. Johns County) (2×)
M.D. Fla. · 2023 · confidence medium
The Eleventh Circuit, however, has made clear that the state appellate court’s “entry of judgment, and not the issuance of the mandate, is the event that starts the running of time for seeking Supreme Court review.” Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006); Moore v. Sec’y, Fla. Dep’t of Corr., 762 F. App’x 610 , 617-18 (11th Cir. 2019) (“[T]he time for pursuing review in the Supreme Court of the United States is governed by Supreme Court Rules 13.1 and 13.3, which together provide that ‘a petition for a writ of certiorari to review a judgm…
discussed Cited as authority (rule) Richardson v. Inch (Duval County)
M.D. Fla. · 2023 · confidence medium
The time for Richardson to file a petition for writ of certiorari expired on Monday, August 12, 2013 (ninety days after May 13, 4 2013).3 See Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006) (affording the 90-day grace period to a Florida petitioner whose conviction was affirmed by a court of appeal in an unelaborated per curiam decision).
cited Cited as authority (rule) Luis Ralphy Torres v. Secretary, Florida Department of Corrections
11th Cir. · 2023 · confidence medium
Chavers v. Sec’y for Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006).
discussed Cited as authority (rule) Landcastle Acquisition Corp. v. Renasant Bank
11th Cir. · 2023 · confidence medium
See Edwards v. Prime, Inc., 602 F.3d 1276, 1298 (11th Cir. 2010); Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006); Watts v. BellSouth Telecomms., Inc., 316 F.3d 1203, 1207 (11th Cir. 2003).
discussed Cited as authority (rule) Russell v. Secretary, Department of Corrections (Sarasota County)
M.D. Fla. · 2023 · confidence medium
Because the state appellate court denied Russell’s motion for rehearing after affirming per curiam his judgment and sentences (Doc. 8-2 at 729, 735) and Russell did not seek review in the Supreme Court of the United States, the limitation period began to run on October 11, 2019, when the time to seek certiorari review expired. § 2244(d)(1)(A); , 468 F.3d 1273, 1275 (11th Cir. 2006).
discussed Cited as authority (rule) Leach v. Secretary, Department of Corrections (Duval County)
M.D. Fla. · 2022 · confidence medium
The time for Leach to file a petition for writ of certiorari expired on Wednesday, October 29, 1997 (ninety days after July 31, 1997).2 See Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006) (affording the 90-day grace period to a Florida petitioner whose conviction was affirmed by a court of appeal in an unelaborated per curiam decision).
discussed Cited as authority (rule) Byron Jamaal Brown v. Secretary, Department of Corrections (2×) also: Cited "see"
11th Cir. · 2022 · confidence medium
“We review de novo a district court’s denial of a habeas petition as untimely.” Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1274 (11th Cir. 2006).
cited Cited as authority (rule) Gensinger v. Secretary, Department of Corrections (Pinellas County)
M.D. Fla. · 2022 · confidence medium
(Doc. 11-2 at 246); § 2244(d)(1)(A); , 468 F.3d 1273, 1275 (11th Cir. 2006).
discussed Cited as authority (rule) Boneta v. American Medical Systems, Inc.
S.D. Fla. · 2021 · confidence medium
The Eleventh Circuit has repeatedly cautioned that its holdings “can reach only as far as the facts and circumstances frame the precise issue presented in the case.” Muhammad v. Sec’y, Fla. Dep’t of Corr., 733 F.3d 1065, 1076 (11th Cir. 2013) (quoting Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006)).
discussed Cited as authority (rule) Aguilar v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2020 · confidence medium
As further explained below, equitable tolling does not apply in this case. 9 See U.S. Supreme Court Rule 13.3 (“The time to file a petition for…writ of certiorari runs from the date of entry of the judgment or order sought to be reviewed, and not from the issuance date of the mandate[.]”); Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006) (the 90-day period begins to run from the date of entry of judgment and not the issuance of the mandate). 10 The correct date is actually June 25.
discussed Cited as authority (rule) Garcia v. Secretary, Department of Corrections (Lee County)
M.D. Fla. · 2019 · confidence medium
Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006) (One-year statute of limitations established by AEDPA began to run ninety days after Florida appellate court affirmed habeas petitioner’s conviction).
cited Cited as authority (rule) David Everett Jones v. Secretary, Department of Corrections
11th Cir. · 2019 · confidence medium
We “review de novo a district court’s denial of a habeas petition as untimely.” Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1274 (11th Cir. 2006).
discussed Cited as authority (rule) Robert Moore v. Secretary, Florida Department of Corrections
11th Cir. · 2019 · confidence medium
In applying these rules, this Court has held that it is “the entry of the judgment, and not the issuance of the mandate . . . that starts the running of the time for seeking Supreme Court review within the meaning of Supreme Court Rule 13.3 and 28 U.S.C. § 2244 (d)(1)(A).” Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006).
cited Cited as authority (rule) Steven Eugene Turner v. Secretary, Department of Corrections
11th Cir. · 2018 · confidence medium
Chavers v. Sec’y, Fla. Dep’t of Corrs., 468 F.3d 1273, 1274-75 (11th Cir. 2006).
discussed Cited as authority (rule) Edwin Matos v. Secretary, Florida Department of Corrections
11th Cir. · 2015 · confidence medium
A conviction becomes final “on the date in *766 which the United States Supreme Court either issues a decision on the merits of the petitioner’s direct appeal or denies cer-tiorari, or after the expiration of the 90-day period in which the petitioner could have filed a petition for a writ of certiora-ri.” Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1274-75 (11th Cir.2006) (per curiam).
discussed Cited as authority (rule) Askari Abdullah Muhammad v. Secretary, Florida Department of Corrections (2×)
11th Cir. · 2013 · confidence medium
Because “[t]he holdings of a prior decision can reach only as far as the facts and circumstances frame the precise issue presented in that case,” Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006), any extraneous language in those cases about whether a right to confrontation bars the admission of hearsay in a capital sentencing hearing was dicta.
discussed Cited as authority (rule) Askari Abdullah Muhammad v. Secretary, Florida Department of Corrections
11th Cir. · 2013 · confidence medium
Because “[t]he holdings of a prior decision can reach only as far as the facts and circumstances frame the precise issue presented in that case,” Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006), any extraneous language in those cases about whether a right to confrontation bars the admission of hearsay in a capital sentencing hearing was dicta.
cited Cited as authority (rule) James Poveromo v. Florida Dept. Of Corrections
11th Cir. · 2011 · confidence medium
Chavers v. Sec’y, Fla. Dept. of Corr., 468 F.3d 1273, 1274-75 (11th Cir.2006).
cited Cited as authority (rule) James Poveromo v. Florida Dept. of Corrections
11th Cir. · 2011 · confidence medium
Chavers v. Sec’y, Fla. Dept. of Corr., 468 F.3d 1273, 1274-75 (11th Cir. 2006).
discussed Cited as authority (rule) Webster v. Secretary for the Department of Corrections
11th Cir. · 2010 · confidence medium
The judgment becomes “final” “after the expiration of the 90-day period in which the petitioner could have filed a petition for a writ of certiorari.” Chavers v. Secretary, Florida Dept. of Corrections, 468 F.3d 1273, 1274-75 (11th Cir.2006) (per curiam).
discussed Cited as authority (rule) Clarke v. DEPARTMENT OF CORRECTIONS OF FLORIDA
11th Cir. · 2009 · confidence medium
See generally Pugh v. Smith, 465 F.3d 1295, 1299 (11th Cir.2006) (“In our decisions regarding the timeliness of habeas petitions filed by Florida prisoners, we have required the inclusion of the 90-day period for seeking direct review in the Supreme Court whenever the prisoner sought review in the highest court of Florida in which direct review could have been had.”); Chavers v. Sec'y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir.2006) (holding that the 90-day period runs from the date of entry of the judgment sought to be reviewed, rather than from the issuance of the mandate); Ni…
cited Cited as authority (rule) James Ramsey v. Warden Victor L. Walker
11th Cir. · 2008 · confidence medium
This 90-day period starts running from the date of the “entry of judgment, and not the issuance of the mandate.” Chavers v. Secretary, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir.2006).
cited Cited as authority (rule) Neal v. Secretary, Department of Corrections
11th Cir. · 2008 · confidence medium
Chavers v. Fla. Dep’t of Corr., 468 F.3d 1273, 1274-75 (11th Cir.2006).
discussed Cited as authority (rule) Ousley v. Secretary for the Department of Corrections
11th Cir. · 2008 · confidence medium
Pursuant to Supreme Court Rule 13.3, “[t]he time to file a petition for a writ of certiorari runs from the date of entry of the judgment or order sought to be reviewed, and not from the issuance date of the mandate.” Chavers v. Sec’y, Fla. Dep’t of Corrs., 468 F.3d 1273, 1275 (11th Cir.2006).
discussed Cited as authority (rule) Bell v. Secretary, Department of Corrections
11th Cir. · 2007 · confidence medium
Here, Bell’s limitations period began to run on May 6, 2002 — after the expiration of the 90 days in which Bell could have petitioned the Supreme Court for writ of certiorari. 28 U.S.C. § 2244 (d)(1); Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir.2006) (holding that entry of judgment, and not the issuance of a mandate, starts the clock running for time to petition the Supreme Court for certiorari).
discussed Cited as authority (rule) Ingram v. Commissioner of Social Security Administration
11th Cir. · 2007 · confidence medium
Because “[t]he holdings of a prior decision can reach only as far as the facts and circumstances frame the precise issue presented in that case,” Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir.2006), we understand Kee-ton to hold that a decision of the Appeals Council to deny review after refusing to consider new evidence is a part of the “final decision” of the Commissioner subject to judicial review under sentence four of section 405(g).
cited Cited as authority (rule) Lynwood Williams v. Charlie Crist
11th Cir. · 2006 · confidence medium
Chavers v. Fla. Dep’t of Corr., 468 F.3d 1273, 1274-75 (11th Cir.2006).
discussed Cited "see" Nesta Kamely Walker v. Secretary, Florida Department of Corrections
M.D. Fla. · 2025 · signal: see · confidence high
See Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006) (affording the 90-day grace period to a Florida petitioner whose conviction was affirmed by a court of appeal in an unelaborated per curiam decision).
discussed Cited "see" Skyler Coburn v. Secretary, Florida Department of Corrections
M.D. Fla. · 2025 · signal: see · confidence high
See Chavers v. Sec’y, Fla. Dep’t of Corr., 468 F.3d 1273, 1275 (11th Cir. 2006) (affording the 90-day grace period to a Florida petitioner whose conviction was affirmed by a court of appeal in an unelaborated per curiam decision).
Retrieving the full opinion text from the archive…
Millard CHAVERS, Petitioner-Appellant,
v.
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent-Appellee
05-15163.
Court of Appeals for the Eleventh Circuit.
Oct 31, 2006.
468 F.3d 1273
Millard A. Chavers, South Bay, FL, pro se., Mark John Hamel, West Palm Beach, FL, for Respondent-Appellee.
Black, Carnes, Marcus, Per Curiam.
Cited by 115 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 67%
Citer courts: Eleventh Circuit (1)
PER CURIAM:

Millard Chavers, a Florida state prisoner proceeding pro se, appeals the dismissal of his habeas corpus petition, which he had brought under 28 U.S.C. § 2254, as barred by the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (1996). We granted a certificate of appealability as to “[wjhether the district court properly determined that [Chavers’s] § 2254 petition was time-barred after concluding that the one-year statute of limitations period began to run 90 days after the Florida Fourth District Court of Appeal entered its judgment affirming his convictions, instead of 90 days after the mandate was issued.” Compare Diaz v. Sec. for the Dep’t of Corr., 362 F.3d 698 (11th Cir.2004) with Bond v. Moore, 309 F.3d 770 (11th Cir.2002).

We review de novo a district court’s denial of a habeas petition as untimely. Nix v. Sec’y for the Dep’t of Corr., 393 F.3d 1235, 1236 (11th Cir.2004), cert. denied, 545 U.S. 1114, 125 S.Ct. 2908, 162 L.Ed.2d 295 (2005). Under the AEDPA, a state prisoner’s petition for federal habeas review is governed by a one-year statute of limitations period that commences on the latest of four triggering dates. The triggering date in play here is the date on which conviction becomes final “by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U.S.C. § 2244(d)(1)(A). The judgment becomes “final” on the date in which the[*1275] United States Supreme Court either issues a decision on the merits of the petitioner’s direct appeal or denies certiorari, or after the expiration of the 90-day period in which the petitioner could have filed a petition for a writ of certiorari. Bond, 309 F.3d at 773.

The Supreme Court is authorized by statute to prescribe rules setting the “time for appeal or application for a writ of certiorari to review the judgment of a State court in a criminal case.” 28 U.S.C. § 2101(d). The Court has done so in its Rule 13, which provides that “a petition for a writ of certiorari to review a judgment in any case, civil or criminal, entered by a state court of last resort ... is timely when it is filed with the Clerk of this Court within 90 days after entry of the judg ment,.” Sup.Ct. R. 13.1 (emphasis added). If Rule 13.1 is unclear about when the 90-day period begins to run, Rule 13.3 leaves no doubt. It specifies that “[t]he time to file a petition for a writ of certiorari runs from the date of entry of the judgment or order sought to be reviewed, and not from the issuance date of the mandate (or its equivalent under local practice).” Id. at 13.3.

Chavers’ contention that we should disregard Rule 13.3 is based on dicta from the Diaz opinion, which dealt with equitable tolling under the AEDPA. 362 F.3d at 700-02. In the procedural background section, we mentioned that the “90-day period in which Diaz could have filed a petition in the United States Supreme Court expired on June 19, 1997.” Id. at 699. Working backwards 90 days from June 19, 1997 reveals that we used the date that the mandate issued rather than the date of judgment to calculate the statute of limitations. See id. Our error in doing that had no effect on the outcome of the case, because we concluded that Diaz’s petition was untimely and it would have been even more so had we measured from the date of judgment. Id. at 702.

The extraneous language from Diaz is not binding on this Court. The holdings of a prior decision can reach only as far as the facts and circumstances frame the precise issue presented in that case. United States v. Aguillard, 217 F.3d 1319, 1321 (11th Cir.2000); Browning v. AT&T Paradyne, 120 F.3d 222, 225 n. 7 (11th Cir.1997). Even if the statute of limitations language from the Diaz opinion had been part of that case’s holding, it would not be binding on us. Two years before Diaz, we measured the expiration of a 90-day period for filing a petition for a writ of certiorari from the date of the entry of judgment, citing Rule 13. Bond, 309 F.3d at 774. Where two decisions of this Court contradict, we follow the one earlier in time. United States v. Steele, 147 F.3d 1316, 1318 (11th Cir.1998) (en banc); Cohen v. Office Depot, Inc., 204 F.3d 1069, 1072 (11th Cir.2000).

We now hold, as we said in Bond, that the entry of judgment, and not the issuance of the mandate, is the event that starts the running of time for seeking Supreme Court review, within the meaning of Supreme Court Rule 13.3 and 28 U.S.C. § 2244(d)(1)(A). The Florida appellate court affirmed Chavers’ conviction on November 22, 2000, although the mandate was not issued until December 8, 2000. The one-year statute of limitations period began to run 90 days from the earlier date, on February 20, 2001, because that is when the time for seeking Supreme Court review expired. Even after excluding time tolled while Chavers sought post-conviction relief, his federal habeas petition, filed[*1276] on April 9, 2004, was untimely. Therefore, the district court’s dismissal of this case was proper.

AFFIRMED.