Guerrero

*512 AMENDED MEMORANDUM ***

This case is again before us after remand from the Supreme Court in light of Artuz v. Bennett, 531 U.S. 4 , 121 S.Ct. 361 , 148 L.Ed.2d 213 (2000). Ruben Garcia Guerrero appeals from the district court’s dismissal of his habeas petition, brought under 28 U.S.C. § 2254 , on statute of limitations grounds. After review of the record and the original and supplemental briefs, we conclude that Mr. Guerrero’s petition was timely filed.

The Antiterrorism and Effective Death Penalty Act (“AEDPA”) imposes a one-year period of limitation on federal habeas petitions. 28 U.S.C. § 2244 (d). Here, the limitation period began to run on April 24, 1996, the effective date of the AEDPA. Nino v. Galaza, 183 F.3d 1003, 1006 (9th Cir.1999). Mr. Guerrero claims that the AEDPA limitations period was tolled from the time he delivered the first state petition on April 14, 1997 until he received the California Supreme Court’s decision denying his last state habeas petition on May 26,1998.

Mr. Guerrero’s first state petition in superior court was delivered after 355 days of the period had run. Under Nino , the statute of limitations is “tolled during the period in which [the…