McCarthy
McCarthy v. Hall
Opinion
Lead Opinion
MEMORANDUM **
Marvin McCarthy appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction and sentence of nine years for sale of cocaine in violation of California Health and Safety Code § 11352(a). We have jurisdiction under 28 U.S.C. § 2253 (a), and we affirm. We review de novo the district court’s dismissal of a habeas petition as time-barred. Miles v. Prunty, 187 F.3d 1104,1105 (9th Cir.1999).
The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) requires that a petition for writ of habeas corpus challenging a state conviction or sentence must be filed within one year of “the date on which the judgment became final by conclusion of direct review or the expiration of the time for seeking such review[.]” 28 U.S.C. § 2244 (d)(1)(A). McCarthy’s conviction became final under California law on February 19, 2000. See Smith v. Duncan, 297 F.3d 809, 813 (9th Cir.2002). AEDPA’s statute of limitations therefore *899 expired on February 20, 2001. See Fed. R. Civ. Proc. 6(a).
McCarthy delivered his federal habeas petition to prison authorities on November 10, 2002, and under Houston v. Lack’s “mailbox rule” it is deemed…