What is the statute of limitation period under the AEDPA for a plaintiff to appeal against his sentence for failing to file a notice of appeal?

MultiRegion, United States of America

The following excerpt is from Maldonado v. Koenig, Case No.: 1:19-cv-01008-SKO (HC) (E.D. Cal. 2019):

In this case, judgment was entered on April 24, 2017. Petitioner states he did not file a notice of appeal; therefore, his direct review concluded on June 23, 2017, when the sixty-day period for filing a notice of appeal expired. The one-year period under the AEDPA commenced the following day, on June 24, 2017, and concluded one year from that date, on June 23, 2018. Petitioner did not file his federal petition until July 24, 2019, nor did he file anything in the state courts during the limitations period. Thus, his claim concerning presentence credits is untimely by over a year. See Patterson v. Stewart, 251 F.3d 1243, 1245 (9th Cir.2001).

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