ORDER AND MEMORANDUM DECISION
TENA CAMPBELL, Chief Judge.
Mr. Alden Harmen Chee has filed a petition under 28 U.S.C. § 2255.
The court sentenced Mr. Chee on March 1, 2007, to 253 months imprisonment and a life term of supervised release.
Mr. Chee filed a notice of appeal on March 7, 2007. The Tenth Circuit Court of Appeals affirmed Mr. Chee's conviction on February 20, 2008. Mr. Chee did not file a petition for a writ of certiorari. On January 4, 2010, Mr. Chee filed his petition to vacate.
Mr. Chee's § 2255 petition must be denied because it is time-barred. For purposes of a petition under § 2255, if a prisoner does not file a petition for writ of certiorari with the United States Supreme Court after his direct appeal, the one-year limitation period begins to run when the time for filing a certiorari petition expires. In this case, the one-year limitation period began to run on May 20, 2008, ninety days after the Tenth Circuit Court of Appeals affirmed the conviction.
ORDER
For the foregoing reason, the § 2255 petition is DENIED.
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