Gustafson

United States v. Gustafson

Good Law
17 F. App'x 602
United States Court of Appeals for the Ninth CircuitAugust 24, 2001No. 98-35607; D.C. No. CR 92-00073 JKSCalifornia325 words

Opinion

Lead Opinion

MEMORANDUM **

Douglas Gustafson appeals the district court’s dismissal of his 28 U.S.C. § 2255 motion to vacate his federal conviction and sentence arising out of a mail bombing conspiracy. The district court dismissed the motion as barred by the Antiterrorism and Effective Death Penalty Act’s (AED-PA) statute of limitations. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a) and review the district court’s dismissal de *603 novo. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999). We affirm.

Because Gustafson’s conviction was final in 1993, the one-year limitations period expired on April 24, 1997. Patterson v. Stewart, 251 F.3d 1243, 1246 (9th Cir. 2001). Gustafson’s motion, filed June 23, 1997, is untimely unless he can show that “extraordinary circumstances” beyond his control made it impossible for him to file a timely motion. Calderon v. United States Dist. Court (Kelly), 163 F.3d 530 , 541 (9th Cir.1998) (en banc). The district court properly concluded that Gustafson’s lock-down in disciplinary segregation 23)6 hours a day, limited access to the law library, limited ability to correspond, limited access to news outside of the prison, and counsel’s alleged inaction…

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