United States Eighth Circuit

An order dismissing as untimely petitioner's 28 U.S.C. section 2255 motion to vacate, set aside or correct his sentence without holding an evidentiary hearing is affirmed where a duly diligent person in petitioner's circumstances would have discovered counsel's failure to notice an appeal well over a year before he filed his motion, and thus, there was no abuse of discretion in the dismissal of the petition as time-barred without an evidentiary hearing.

Appellate Information

• Decided 09/08/2008
• Published 09/08/2008

Judges

• BEAM, Circuit Judge., Before MELLOY, BEAM and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Raymond J. Rigat, Clinton, CT, argued, for appellant.


• For Appellees:
  
• Bruce A. Rhoades, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.