In an appeal from a denial of defendant's motion to correct his sentence as untimely, the order is affirmed where: 1) the district court properly determined that defendant's judgment of conviction became final upon the Supreme Court's denial of certiorari; and 2) extraordinary circumstances justifying equitable tolling did not include defendant's lawyer's miscalculation of a limitation period.
Argued and Submitted December 7, 2009
Filed January 19, 2010
Opinion by Judge Beezer
Matthew Campbell, Assistant Federal Public Defender, Spokane, WA
Gregory M. Shogren, Assistant United States Attorney, Yakima, WA