United States Ninth Circuit

Dismissal of defendant's section 2255 motion as untimely is reversed where: 1) an order recalling a judicial mandate did not restart the clock for purposes of petitioning for certiorari and therefore petition for certiorari and, in turn, section 2255 motion, were untimely; but 2) defendant's contention that clerk provided him with inaccurate advice, if true, entitles defendant to equitable tolling.

Appellate Information

• Decided 06/02/2011
• Published 06/02/2011

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David F. Ness, Lori Anne Harper Suek