United States v. Mario Valdez-Aldaba ( 2009 )

PER CURIAM.

Mario Valdez-Aldaba appeals the district court’s 1 dismissal of his post-judgment motion seeking to modify his sentence to grant him credit for time served on a state sentence. The district court dismissed the motion as untimely under Federal Rule of Criminal Procedure 35(a). Valdez-Aldaba’s counsel has moved to withdraw.

Because Valdez-Aldaba’s post-judgment motion was filed more than eighteen months after his sentencing, we conclude that the district court correctly denied it as untimely, whether it is characterized as a motion to correct a sentence under Rule 35(a), or as a motion for relief from an illegal sentence under section 2255. See 28 U.S.C. § 2255(f)(1) (indicating motion for relief from sentence under § 2255 must be filed within 1 year from date on which judgment of conviction became final); Fed. R.Crim.P. 35(a) (providing for correction of sentence “[w]ithin 7 days after sentencing”).

Accordingly, we affirm and grant counsel’s motion to withdraw.

1

. The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri.