US v. Aguirre-Ganceda, No. 08-35696

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.

Read US v. Aguirre-Ganceda, No. 08-35696

Appellate Information

Argued and Submitted December 7, 2009

Filed January 19, 2010

Judges

Opinion by Judge Beezer

Counsel

For Appellants:

Matthew Campbell, Assistant Federal Public Defender, Spokane, WA

For Appellee:

Gregory M. Shogren, Assistant United States Attorney, Yakima, WA