United States Ninth Circuit

Denial of plaintiff's motion for habeas relief as untimely is vacated where the district court's judgment in the underlying criminal proceedings is not yet final and the one-year limitations period has not begun to run.

Appellate Information

• Argued 07/14/2005
• Decided 10/26/2005
• Published 10/26/2005

Judges

• PAEZ, Circuit Judge., Before TASHIMA, PAEZ, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Wendy Holton, Helena, MT, for the appellant.


• For Appellees:
  
• William W. Mercer, Billings, MT, and John A. Drennan, Washington, DC, for the appellee.