Kenney

*560 MEMORANDUM *

This appeal turns on whether a twenty-two day period in February 1997 counts against federal habeas petitioner Joel Patrick Kenney (“Kenney”) for purposes of the one-year Antiterrorism and Effective Death Penalty Act (“AEDPA”) limitations period. The federal district court held that Kenney’s petition was untimely. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

In dismissing Kenney’s petition as untimely, the district court found that 22 days ran against Kenney for the period February 3-25, 1997, along with 357 days between February 2001 and February 2002. A total of 379 days therefore ran against Kenney; he filed his federal habeas petition on February 7, 2002, which was 14 days too late.

1. Statutory Tolling Under 28 U.S.C. § 22U(d)(2)

We review de novo the dismissal of a habeas petition as untimely. Spitsyn v. Moore, 345 F.3d 796, 799 (9th Cir.2003).

Under AEDPA, there is a one-year limitations period for filing federal habeas petitions once the state convictions become final. In Kenney’s case, the one-year statute began running when his judgment became final on February 3, 1997. See 28 U.S.C. § 2244 (d)(1)(A). Under 28 U.S.C. § 2244 (d)(2), the…