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U.S. v. WHEATEN

No. 14-51123.

826 F.3d 843 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Derrick WHEATEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED June 23, 2016.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Michael Robert Hardy, Esq. , Assistant U.S. Attorneys, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Derrick Wheaten, Mendota, CA, Pro Se.

Before WIENER, PRADO, and OWEN, Circuit Judges.

The district court dismissed Derrick Wheaten's motion pursuant to 28 U.S.C. § 2255, concluding that it was barred by the statute of limitations in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).1 We agree with the district court that Wheaten's filing of an untimely...

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