Shareef

MEMORANDUM *

The facts of the underlying proceedings in this case are uncontested. Abdur Shareef pleaded guilty to armed robbery of a credit union, in violation of 18 U.S.C. § 2113 (a)(d), and using or carrying a firearm during the commission of a crime of violence, in violation of 18 U.S.C. § 924 (c). The district court entered judgment on June 24, 1998. Shareef appealed neither his conviction nor his sentence. On October 29, 1999, Shareef filed a Petition for Writ of Habeas Corpus by a Person in Federal Custody, pursuant to 28 U.S.C. § 2241 . 1 In response to Shareef’s petition, the government filed a motion to dismiss. The government argued that Shareef should have filed a motion under 28 U.S.C. § 2255 rather than a habeas petition under § 2241, that the one-year statute of limitations for filing under § 2255 had expired, and that the district court should dismiss Shareef’s petition as time-barred. 2 In an order entered July 12, 2000, the district court construed Shareef’s petition as a § 2255 motion, and denied the petition. Finding no extraordinary circumstances beyond Shareef s control to justify his fail *408 ure to file within § 2255’s one-year statute of limitations, the…