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U.S. v. McIntosh

United States Court of Appeals, Eighth Circuit
May 29, 2003
332 F.3d 550 (8th Cir. 2003)

Summary

holding defendant's § 2255 motion was time-barred because it was filed more than a year after the Supreme Court denied the petition for certiorari, though within a year of the denial being docketed in the district court

Summary of this case from U.S. v. Galaviz-Luna

Opinion

No. 03-1011.

Submitted May 23, 2003.

Decided May 29, 2003.

Appeal from the United States District Court for the Southern District of Iowa, Ronald E. Longstaff, J.

Gary Lee Hayward, Asst. U.S. Atty., U.S. Atty's Office, Des Moines, IA, for Plaintiff-Appellee.

Steven Curtis McIntosh, Waseca, MN, pro se.

Before MORRIS SHEPPARD ARNOLD, BYE, and RILEY, Circuit Judges.


Steven Curtis McIntosh appeals the district court's judgment denying his 28 U.S.C. § 2255 motion as untimely. The district court granted a certificate of appealability on the issue whether equitable tolling should extend the limitations period in this case.

The Honorable Ronald E. Longstaff, United States District Judge for the Southern District of Iowa.

Mr. McIntosh's conviction became final upon completion of direct review when the Supreme Court denied certiorari on May 14, 2001, and he had one year from that date to file his section 2255 motion. See 28 U.S.C. § 2255(1)-(4) (absent impediment created by governmental action, newly recognized right, or newly discovered facts, one-year period of limitation runs from date on which judgment of conviction becomes final); Sweet v. Delo, 125 F.3d 1144, 1155 (8th Cir. 1997) (Supreme Court's denial of certiorari fixes point of finality of conviction), cert. denied, 523 U.S. 1010, 118 S.Ct. 1197, 140 L.Ed.2d 326 (1998); see also United States v. Marcello, 212 F.3d 1005, 1008 (7th Cir.) (conviction became final, thus triggering one-year limitations period for § 2255 motion, on date Supreme Court denied certiorari petition following direct appeal, and not on date denial of certiorari was filed and docketed with court of appeals), cert. denied, 531 U.S. 878, 121 S.Ct. 188, 148 L.Ed.2d 130 (2000); Adams v. United States, 173 F.3d 1339, 1342-43 (11th Cir. 1999) (per curiam) (without deciding point at which conviction becomes final, holding that appellate court's receipt of denial of certiorari does not fix finality).

At the earliest, Mr. McIntosh filed his motion on May 29, 2002, see Moore v. United States, 173 F.3d 1131, 1135 (8th Cir. 1999) (extending application of prison-mailbox rule to pro se § 2255 motions), believing it was not due until June 22, 2002, a year after the district court docketed the Supreme Court's denial of certiorari. Because we agree with the district court that equitable tolling based on Mr. McIntosh's mistake about the deadline is not warranted, we affirm. See Cross-Bey v. Gammon, 322 F.3d 1012, 1015-16 (8th Cir. 2003) (unrepresented prisoner's lack of legal knowledge does not support equitable tolling); Jihad v. Hvass, 267 F.3d 803, 805-06 (8th Cir. 2001) (equitable tolling affords otherwise time-barred petitioner exceedingly narrow window of relief; equitable tolling is proper only when extraordinary circumstances beyond prisoner's control make it impossible to file petition on time).

A true copy.


Summaries of

U.S. v. McIntosh

United States Court of Appeals, Eighth Circuit
May 29, 2003
332 F.3d 550 (8th Cir. 2003)

holding defendant's § 2255 motion was time-barred because it was filed more than a year after the Supreme Court denied the petition for certiorari, though within a year of the denial being docketed in the district court

Summary of this case from U.S. v. Galaviz-Luna

stating that conviction becomes final upon completion of direct review when Supreme Court denies certiorari, giving petitioner one year from that date to file § 2255 motion

Summary of this case from United States v. Andrews

stating that movant's "conviction became final upon completion of direct review when the Supreme Court denied certiorari...and he had one year from that date to file his section 2255 motion"

Summary of this case from Swopes v. United States

stating that movant's "conviction became final upon completion of direct review when the Supreme Court denied certiorari...and he had one year from that date to file his section 2255 motion"

Summary of this case from Swopes v. United States

explaining that movant's "conviction became final upon completion of direct review when the Supreme Court denied certiorari...and he had one year from that date to file his section 2255 motion"

Summary of this case from Stewart v. United States

agreeing with the district court that equitable tolling should not be granted when the petitioner incorrectly interpreted the district court docket sheet

Summary of this case from Whitehill v. U.S.
Case details for

U.S. v. McIntosh

Case Details

Full title:UNITED STATES of America, Appellee, v. Steven Curtis McINTOSH, Appellant

Court:United States Court of Appeals, Eighth Circuit

Date published: May 29, 2003

Citations

332 F.3d 550 (8th Cir. 2003)

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