United States Ninth Circuit

In an appeal from a denial of defendant's motion to correct his sentence as untimely, the order is affirmed where: 1) the district court properly determined that defendant's judgment of conviction became final upon the Supreme Court's denial of certiorari; and 2) extraordinary circumstances justifying equitable tolling did not include defendant's lawyer's miscalculation of a limitation period.

Appellate Information

• Argued 12/07/2009
• Decided 01/19/2010
• Published 01/19/2010

Judges

• Before ROBERT R. BEEZER, RONALD M. GOULD and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Matthew Campbell, Assistant Federal Public Defender, Spokane, WA, for the defendants-appellants., Gregory M. Shogren, Assistant United States Attorney, Yakima, WA, for the plaintiff-appellee.