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1 The Honorable Donald E. O’Brien, United States District Judge for the
Northern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-2307
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Jeremiah J. Kerby, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Northern District of Iowa.
United States of America, *
* [UNPUBLISHED]
Appellee. *
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Submitted: October 9, 2009
Filed: October 21, 2009
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Before BYE, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.
Jeremiah J. Kerby appeals the district court’s1 denial of his 28 U.S.C. § 2255
motion. Having carefully reviewed the matter, we conclude Kerby’s § 2255 motion
is untimely and equitable tolling is not warranted. Thus, we summarily affirm. See
8th Cir. R. 47B.
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