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 United States of America, * * [UNPUBLISHED] Appellee.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.

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