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U.S. v. PLASCENCIA

No. 05-11169.

537 F.3d 385 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Joel PLASCENCIA, also known as "Oskie", Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 23, 2008.

Attorney(s) appearing for the Case

Joel Plascencia, Lompoc, CA, pro se.

Before REAVLEY, BENAVIDES and OWEN, Circuit Judges.

REAVLEY, Circuit Judge:

Federal prisoner Joel Plascencia appeals from the district court's dismissal of his 28 U.S.C. § 2255 motion, which was determined to be time-barred. We conclude that Plascencia's conviction became final when the time expired to file a timely notice of appeal on direct review and that Plascencia is not entitled to the benefit of the 90-day period for seeking certiorari, after dismissal following denial of a FED. R.APP. P. 4(b)(4) motion...

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