Chachanko v. United States, No. 18-2498 (8th Cir. 2019)
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The Eighth Circuit affirmed the district court's denial of a 28 U.S.C. 2255 motion for relief under Johnson v. United States, 135 S. Ct. 2551 (2015). Although petitioner concedes that his petition was untimely, he argued that his claim should be equitably tolled.
The court held that petitioner's failure to receive a letter from his attorney stating that she would not file a claim on his behalf, and his failure to follow up, did not amount to extraordinary circumstances requiring equitable tolling. Even if petitioner could show an extraordinary circumstance, he would not benefit from equitable tolling because he was not reasonably diligent in pursuing his claims.
Court Description: Benton, Author, with Gruender and Grasz, Circuit Judges] Habeas Corpus - motion to vacate. Untimely motion to vacate to assert claim under Johnson v. United States is not excused, as no extraordinary circumstances are presented. Counsel sent letter stating no claim would be filed and the failure to receive the letter is not an extraordinary circumstance. Even if extraordinary circumstances were shown, Chachanko was not reasonably diligent in pursuing his claim and the district court did not err in finding he did not exercise reasonable diligence.
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