United States v. Jose Aguirre-Ganceda

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-35696 Plaintiff-Appellee, D.C. Nos.  v. 2:08-cv-05003-EFS 2:03-cr-06016-EFS-

JOSE MANUEL AGUIRRE-GANCEDA,

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the Eastern District of Washington Edward F. Shea, District Judge, Presiding

Argued and Submitted December 7, 2009—Seattle, Washington

Filed January 19, 2010

Before: Robert R. Beezer, Ronald M. Gould and Richard C. Tallman, Circuit Judges.

Opinion by Judge Beezer COUNSEL

Matthew Campbell, Assistant Federal Public Defender, Spo- kane, Washington, for the defendants-appellants.

Gregory M. Shogren, Assistant United States Attorney, Yak- ima, Washington, for the plaintiff-appellee.

OPINION

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…