United States v. Escobar

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40721
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS JOSÉ ESCOBAR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC Nos. C-00-CV-10 &
C-96-CR-84-1
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April 11, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Jesus José Escobar, a federal prisoner, appeals from the
district court’s dismissal of his 28 U.S.C. § 2255 motion as
time-barred by 28 U.S.C. § 2255's one-year statute of
limitations. We have reviewed the record and the briefs of the
parties, and we ascertain no reversible error.
Escobar’s conviction became final on October 5, 1998, the
date on which the Supreme Court denied his petition for a writ of
certiorari. See United States v. Thomas, 203 F.3d 350, 356 (5th

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No. 00-40721
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Cir. 2000). Because Escobar filed his 28 U.S.C. § 2255 motion
more than one year after this date, the district court did not
err by dismissing it as time-barred. See id.; 28 U.S.C.
§ 2255(1).
Escobar’s assertion that the district court’s application of
Thomas amounted to a violation of Teague v. Lane, 489 U.S. 288
(1989), is meritless because Thomas merely construed the
limitations aspect of 28 U.S.C. § 2255; it did not announce a new
rule of constitutional law. Nor has Escobar established rare and
exceptional circumstances that would entitle him to equitable
tolling of the limitations period. See Davis v. Johnson, 158
F.3d 806, 811 (5th Cir. 1998). The district court’s judgment of
dismissal is AFFIRMED.

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