Reyes

MEMORANDUM *

We heard argument in this case and withdrew submission pending the Supreme Court’s resolution of Evans v. Chavis, — U.S. -, 126 S.Ct. 846 , 163 L.Ed.2d 684 (2006). We now resubmit and affirm the district court’s dismissal of Reyes’ petition for a writ of habeas corpus as untimely. As the facts are known to the parties, we do not repeat them here.

For Reyes to prevail in his petition for habeas relief, we must adopt both his theory of when his conviction became “final,” triggering the federal habeas statute of limitations under 28 U.S.C. § 2244 (d)(1)(A), and his calculation of when his state habeas petition was “pending” in order to entitle him to tolling of the federal statute of limitations under § 2244(d)(2). We agree with Reyes on the first point, but, following the Supreme Court’s recent decision in Evans v. Chavis, we disagree with Reyes as to the second. Therefore, we affirm the district court’s denial of his habeas petition.

I.

Reyes conviction did not become final until March 2, 1999. To reach this conclusion we simply apply United States v. Colvin, 204 F.3d 1221 (9th Cir.2000), in which we established a bright-line rule of finality for the purpose of the…