United States Fifth Circuit

In an appeal from the denial of habeas petition, the denial of the petition is affirmed where Petitioner's Fed. R. Crim. P. 33 motion did not toll the statute of limitations applicable to his 28 U.S.C. section 2255 motion.

Appellate Information

• Decided 03/04/2009
• Published 03/04/2009

Judges

• JERRY E. SMITH, Circuit Judge:, Before DAVIS, SMITH and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gaines H. Cleveland, Asst. U.S. Atty., Gulfport, MS, Alfred B. Jernigan, Jr., Asst. U.S. Atty., Jerry L. Rushing, Jackson, MS, for U.S., Starsky Darnell Redd, Pollock, LA, pro se.