United States First Circuit

In habeas proceedings district court's dismissal of the petition as time-barred is reversed and remanded as a state post-conviction motion to reduce an imposed sentence that seeks purely discretionary leniency and does not challenge the validity of the conviction or sentence acts as a tolling mechanism within the purview of 28 U.S.C section 2244(d)(2), and thus, defendant's habeas petition was timely filed and improvidently dismissed.

Appellate Information

• Decided 09/23/2009
• Published 09/23/2009

Judges

• SELYA, Circuit Judge., Before TORRUELLA, SELYA and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Judith H. Mizner, Assistant Federal Public Defender, for petitioner.


• For Appellees:
  
• Christopher R. Bush, Special Assistant Attorney General, with whom Patrick C. Lynch, Attorney General, was on brief, for respondent.