United States v. Derrick Wheaten

PRISCILLA R. OWEN, Circuit Judge:

The district court dismissed Derrick Wheaten’s motion pursuant to 28 U.S.C. § 2255, concluding that it was barred by the statute of limitations in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). 1 We agree with the district court that Wheaten’s filing of an untimely petition for writ of certiorari and the Supreme Court’s subsequent denial of that petition without comment did not reset or extend the date on which the judgment of his conviction became final. We accordingly affirm the district court’s denial of the § • 2255 motion.

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Wheaten…