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U.S. v. HURST

No. 01-7057.

322 F.3d 1256 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry D. HURST, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 21, 2003.

Attorney(s) appearing for the Case

Submitted on the briefs: Roger K. Vehrs, Fresno, CA, for Defendant-Appellant.

Sheldon J. Sperling, United States Attorney, and Gordon B. Cecil, Assistant United States Attorney, Muskogee, OK, for Plaintiff-Appellee.

Before SEYMOUR, PORFILIO, and O'BRIEN, Circuit Judges.

SEYMOUR, Circuit Judge.

Jerry D. Hurst, a federal prisoner, seeks habeas relief under 28 U.S.C. § 2255, challenging the validity of a judgment and sentence entered upon his guilty plea. The district court dismissed the action on the ground that it was filed one day too late to comply with the one-year limitations period applicable to § 2255 motions. This court granted a certificate of appealability under 28 U.S.C. § 2253(c), limited to the procedural...

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