Starnes v. United States

CLAY, Circuit Judge.

This pro se federal prisoner appeals from the judgment of the United States District Court for the Western District of Tennessee denying him permission to file a motion to vacate or set aside his sentence *570pursuant to 28 U.S.C. § 2255. The district court determined that Petitioner exceeded the time limit for petitions under this statute and that the time should not be tolled during the pendency of his motion for a new trial under FED. R. CRIM. P. 33, in which Petitioner alleged, inter alia, that the search which produced evidence that led to his conviction for possession of…