Ledezma-Amezquita

United States v. Ledezma-Amezquita

Good Law
20 F. App'x 645
United States Court of Appeals for the Ninth CircuitSeptember 19, 2001No. 00-56761; D.C. Nos. CV-99-02195-GT, CR-93-1556-GTCalifornia299 words

Opinion

Lead Opinion

*646 MEMORANDUM **

Petitioner Hilario Ledezma-Amezquita appeals the district court’s dismissal of his petition for habeas corpus under 28 U.S.C. § 2255 as time-barred. We review de novo the district court’s denial of a habeas petition on statute of limitations grounds and its decision not to equitably toll the limitations period. Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir. 1999). We agree with the district court that Ledezma’s petition is time-barred.

Ledezma’s petition challenges his 1994 conviction for aiding and abetting the use of a firearm during and in relation to a drug trafficking crime under 18 U.S.C. § 924 (c) and 18 U.S.C. § 2 . The one-year limitations period under the Antiterrorism and Effective Death Penalty Act of 1996 began to run on May 18, 1998. See 28 U .S.C. § 2255(3); United States v. Valdez, 195 F.3d 544, 548 (9th Cir.1999). Ledezma therefore had until May 18,1999, to file his habeas petition. Ledezma did not file his petition, however, until October 1999.

We reject Ledezma’s argument that the limitations period should be extended because of his deportation from the United States. Under the circumstances here, we cannot conclude that Ledezma’s…

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