United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 08-2307 ___________

Jeremiah J. Kerby, * * Appellant, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. United States of America, * * [UNPUBLISHED] Appellee. * ___________

Submitted: October 9, 2009 Filed: October 21, 2009 ___________

Before BYE, BOWMAN, and BENTON, Circuit Judges. ___________

PER CURIAM.

Jeremiah J. Kerby appeals the district court’s1 denial of his 28 U.S.C. § 2255 motion. Having carefully reviewed the matter, we conclude Kerby’s § 2255 motion is untimely and equitable tolling is not warranted. Thus, we summarily affirm. See 8th Cir. R. 47B.

1 The Honorable Donald E. O’Brien, United States District Judge for the Northern District of Iowa.