Legal Opinion
United States v. Aguirre-Ganceda
Court of Appeals for the Ninth Circuit
Decided January 19, 2010No. 08-35696PublishedCited by 53 opinions
1Opinion of the Court
BEEZER, Circuit Judge:
Jose Manuel Aguirre-Ganceda appeals the district court’s order denying his 28 U.S.C. § 2255 motion to vacate, set aside or correct his prison sentence. The district court rejected the motion and concluded that it was untimely because it was filed more than one year after the Supreme Court denied certiorari in his criminal case. Aguirre argues that the one-year limitation period for filing a section 2255 motion runs not from the denial of his petition for a writ of certiorari, but from the denial of his subsequent petition for rehearing of that denial. Aguirre…
2Cases cited9 opinions
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Clay v. United StatesSupreme Court of the United States · 2003
- Jimenez v. QuartermanSupreme Court of the United States · 2009
- Brian David Frye v. R. Hickman, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2001
- Carlos Mendoza v. Tom L. Carey, WardenCourt of Appeals for the Ninth Circuit · 2006
4 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Ramos-Martinez v. United StatesCourt of Appeals for the First Circuit · 2011
- United States v. James Baxter, IICourt of Appeals for the D.C. Circuit · 2014
- United States v. Kenneth OlsenCourt of Appeals for the Ninth Circuit · 2013
- United States v. Elven SwisherCourt of Appeals for the Ninth Circuit · 2016
- United States v. BucklesCourt of Appeals for the Ninth Circuit · 2011
48 more not listed; retrieve them via the Exa API.