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BOSTON v. WEBER

No. 07-2222.

525 F.3d 622 (2008)

Samuel W. BOSTON, Appellant, v. Douglas WEBER, Warden, South Dakota State Penitentiary; Larry Long, Attorney General, State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 8, 2008.

Attorney(s) appearing for the Case

Kenneth R. Dewell, argued, Robert W. Van Norman, on the brief, Rapid City, SD, for appellant.

Gary Campbell, AAG, argued, Pierre, SD, for appellee.

Before BYE, BEAM and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Samuel W. Boston appeals the district court's1 order dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254 as untimely. We affirm.

I. BACKGROUND

A jury convicted Boston of second-degree murder, and he was sentenced to life in prison without the possibility of parole. The South Dakota Supreme Court affirmed the conviction on June 11, 2003. Boston did not seek a writ of...

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