United States Third Circuit

Dismissal of an inmate's habeas petition as untimely is affirmed as petitioner's motion for a sentence reduction under Delaware Superior Court Criminal Rule 35(b) did not meet the tolling requirements of 28 U.S.C. section 2244(d)(2).

Appellate Information

• Argued 02/01/2007
• Decided 07/09/2007
• Published 07/10/2007

Judges

• Before:  BARRY and ROTH, Circuit Judges and IRENAS , District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Christopher R. Nestor, Esquire (Argued), David R. Fine Esquire, Kirkpatrick & Lockhart Preston Gates Ellis, Harrisburg, PA, Counsel for Appellant.


• For Appellees:
  
• Elizabeth R. McFarlan, Esquire (Argued), Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, Counsel for Appellees.