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U.S. v. BUCKLES

No. 08-36031.

647 F.3d 883 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Morris Duane BUCKLES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 2011.

Attorney(s) appearing for the Case

Lori Anne Harper Suek , Office of the United States Attorney, Billings, MT, for the appellee.

David F. Ness , Federal Defenders of Montana, Great Falls, MT, for the appellant.

Before: WILLIAM A. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and DAVID C. BURY, District Judge.

OPINION

W. FLETCHER, Circuit Judge:

Federal prisoner Morris Buckles appeals the district court's dismissal of his 28 U.S.C. § 2255 motion as untimely. Buckles argues that our order recalling the mandate so that we could consider his motion for appointment of certiorari counsel restarted the clock for the 90-day period within which he was required to petition the Supreme Court for certiorari review of his conviction on direct appeal. If our order restarted...

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