Manuel Sanchez-Castellano v. United States

OPINION

ROGERS, Circuit Judge.

Appellant Manuel Sanchez-Castellano appeals the denial for untimeliness of his motion to vacate his sentence under 28 U.S.C. § 2255. The issue presented in his appeal is whether, for a federal defendant who did not seek a direct appeal, the one-year statute of limitations for § 2255 cases *425starts ten days or forty days after entry of the judgment of conviction. The time for filing a direct appeal is ten days after entry of judgment, but pursuant to Federal Rule of Appellate Procedure 4(b)(4) a federal defendant can seek an extension of time — for excusable neglect…