Coville

Coville v. McKenna

Good Law
192 F. App'x 641
United States Court of Appeals for the Ninth CircuitJuly 27, 2006No. 05-35224California253 words

Opinion

Lead Opinion

MEMORANDUM **

Tony Leon Coville appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition challenging his Washington state guilty-plea conviction and sentence for first-degree rape with a deadly weapon and first-degree burglary with a deadly weapon. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Coville challenges the district court’s determination that his habeas petition is time-barred. Relying on United States v. Colvin, 204 F.3d 1221 (9th Cir.2000), Coville contends that the amended state court judgment entered on September 12, 2003 — not the original state court judgment entered in 1992 — should have been considered the final judgment for purposes of calculating the one-year statute of limitations under 28 U.S.C. § 2244 (d)(1). However, by its express terms Colvin applies only to those cases in which the appellate court “either partially or wholly reverse[s] a defendant’s conviction or sentence, or both, and expressly remand[s] to the district court.” 204 F.3d at 1225 . Because the amended judgment merely corrected what appears to be a clerical error, leaving Coville’s original conviction and sentence intact, Colvin is…

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