Clifton Odie v. United States, No. 21-2652 (8th Cir. 2022)
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Appellant filed a pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. Section 2255, asserting that his 2000 Illinois state conviction could not qualify as a prior felony drug offense under 21 U.S.C. Section 851. The district court denied Appellant the requested post-conviction relief because of his untimely filing, but it granted a certificate of appealability on the issue of whether Appellant’s Section 2255 motion is time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).
The Eighth Circuit affirmed finding that Appellant failed to demonstrate the diligence required for equitable tolling. The court concluded that Appellant’s Section 2255 motion is time-barred and equitable tolling is not appropriate because Appellant failed to allege facts showing that circumstances beyond his control at the prison prevented him from timely seeking relief. The court explained it need not address whether the motion is procedurally defaulted. The court also rejected Appellant’s argument that finding his motion time-barred under Section 2255(f) poses a problem under the Suspension Clause.
Court Description: [Shepherd, Author, with Colloton and Wollman, Circuit Judges] Prisoner case - Habeas. The district court did not err in determining Odie's Section 2255 petition was untimely and that there was no basis for equitable tolling of the one-year limitations period of Sec. 2255(f).
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