United States Tenth Circuit

A properly filed motion for modification of sentence under New Mexico Rule of Criminal Procedure 5-801(B) tolls the one-year limitation period in the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. section 2244(d)(1).

Appellate Information

• Decided 08/10/2006
• Published 08/10/2006

Judges

• McCONNELL, Circuit Judge., Before MURPHY, SEYMOUR, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Joel Jacobsen, Assistant Attorney General (Patricia A. Madrid, New Mexico Attorney General, with him on the briefs), Albuquerque, NM, for Respondent-Appellant., Madeline S. Cohen, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the brief), Denver, CO, for Petitioner-Appellee.