United States Eighth Circuit

Denial of defendant's pro se motion to vacate, set aside, or correct the sentence imposed against him is affirmed where: 1) district court did not err in finding plaintiff's petition untimely as it was not filed within one year of his judgment of conviction; and 2) the actions of plaintiff's attorney do not warrant an application of the doctrine of equitable tolling as ineffective assistance of counsel caused by an attorney's negligence or mistake is not considered an extraordinary circumstance to warrant equitable tolling.

Appellate Information

• Decided 04/09/2009
• Published 04/09/2009

Judges

• LIMBAUGH, District Judge., Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• C. Douglas Shull, Columbia, MO, argued, for appellant.


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