English v. United States, No. 15-3129 (8th Cir. 2016)
Annotate this CasePetitioner pleaded guilty to conspiring to distribute crack cocaine and was sentenced to 180 months in prison. Petitioner then filed a pro se motion to vacate his sentence under 28 U.S.C. 2255, but the district court denied the motion. Petitioner filed his section 2255 motion five months after the one-year statute of limitations expired. The court concluded that equitable tolling is not applicable in this case where petitioner failed to establish that he diligently pursued the rights protected by section 2255 relief. Accordingly, the court affirmed the judgment.
Court Description: Loken, Author, with Wollman and Benton, Circuit Judges] Prisoner case - Habeas. English filed his habeas petition on an untimely basis and failed to establish that he was entitled to equitable tolling because he did not show that he took reasonable steps to diligently pursue his rights.
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