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MATHENA v. U.S.

No. 08-2184.

577 F.3d 943 (2009)

James W. MATHENA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 24, 2009.

Attorney(s) appearing for the Case

David Earl Woods, argued, O'Fallon, MO, for appellant.

Keith D. Sorrell, AUSA, Cape Girardeau, MO, for appellee.

Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and ROSENBAUM, District Judge.

COLLOTON, Circuit Judge.

James W. Mathena petitioned for a writ of habeas corpus in the district court pursuant to 28 U.S.C. § 2241, challenging the execution of his federal sentence. The district court dismissed the petition as barred by a one-year statute of limitations, and Mathena appeals. Reviewing the dismissal de novo, we reverse and remand for the district court to dismiss the petition without prejudice, because Mathena's petition was timely, but...

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