In an appeal from a denial of defendant’s motion to correct his sentence as untimely, the order is affirmed where: 1) the district court properly determined that defendant’s judgment of conviction became final upon the Supreme Court’s denial of certiorari; and 2) extraordinary circumstances justifying equitable tolling did not include defendant’s lawyer’s miscalculation of a limitation period.
Read US v. Aguirre-Ganceda, No. 08-35696
Appellate Information
Argued and Submitted December 7, 2009
Filed January 19, 2010
Judges
Opinion by Judge Beezer
Counsel
For Appellants:
Matthew Campbell, Assistant Federal Public Defender, Spokane, WA
For Appellee:
Gregory M. Shogren, Assistant United States Attorney, Yakima, WA
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