U.S. Court of Appeals for the Eighth Circuit, 2009

Kerby v. United States

U.S. Court of Appeals for the Eighth Circuit · Decided October 21, 2009 · Benton, Bowman, Bye

348 F. App'x 197

Opinion of the Court

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, Uniled States District Judge for the Northern District of Iowa.

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