United States v. Wheaten, No. 14-51123 (5th Cir. 2016)Annotate this Case
Defendant appealed the dismissal of his 28 U.S.C. 2255 motion as time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 2255(f). The court concluded that defendant's filing of an untimely petition for writ of certiorari and the Supreme Court’s subsequent denial of that petition without comment did not reset or extend the date on which the judgment of his conviction became final. Accordingly, the court affirmed the district court's judgment.