Greer

United States v. Greer

Good Law
79 F. App'x 974
United States Court of Appeals for the Ninth CircuitOctober 30, 2003No. 02-15836; DC No. CV 01-1716 SMM, CR 97-0278 SMMCalifornia659 words

Opinion

Lead Opinion

MEMORANDUM *

John Leslie Greer appeals from the district court’s judgment denying his Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 . The district court denied Greer’s motion on the ground that it was barred by the applicable statute of limitations because it was filed more than one year after his judgment became final. See 28 U.S.C. § 2255 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

There is no dispute that Greer’s petition was filed more than one year after the date his original written judgment became final and that his motion is untimely if the statute of limitations began to run on that date. Greer contends, however, that the limitations period restarted when his judgment was amended by the district court on September 18, 2000.

Greer’s argument is unpersuasive. Because the amended judgment did not substantively change the sentence imposed and added no new basis for an appeal, it did not affect the finality of the original judgment. See Clay v. United States, 537 U.S. 522, 527-28 , 123 S.Ct. 1072 , 155 L.Ed.2d 88 (2003) (judgment of conviction becomes final for the purpose of 28 U.S.C. *975 § 2255 when the…

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