United States v. J. Reves

OPINION

This is a consolidated appeal in which Appellants J. Tyler Reves and Lynn G. Bedford appeal the District Court’s denial of their motions to vacate their sentences under 28 U.S.C. § 2255 .

On appeal as to Bedford, the Government argues, inter alia, that the district court did not have jurisdiction over Bed-ford’s motion because it was filed the day after his sentence expired, meaning he was no longer “in custody” as is required to avail oneself of relief under § 2255. Bed-ford responds that because his sentence ended on a Sunday, he was still able to properly file his motion the following day, a Monday. The applicability of the Federal Rules’ extension of time provisions to the' “in custody” requirement is an issue of first impression in the Ninth Circuit.

We have appellate jurisdiction under 28 U.S.C. §§ 1291 and 2255. We affirm in part, and reverse and remand in part.

BACKGROUND

The underlying convictions in this case are the result of an FBI investigation into an allegedly corrupt scheme involving Appellants and three other defendants. At the relevant time, Bedford was on the San Joaquin County Board of Supervisors and Reves was his legislative aide. The…