As stated above, petitioner’s conviction became final on May 30, 2010, ninety (90) days after the date the appeals court issued the mandate; petitioner had one year from that date to file a § 2255 motion, or until May 30, 2011. United States v. Spencer, 283 F. App’x 633, 636 (10th Cir. 2008) (citing 28 U.S.C. § 2255(f) and United States v. Gabaldon, 522 F.3d 1121, 1123 (10th Cir. 2008)). There are “rare and exceptional circumstances” that will toll the one-year statute of limitations period.
Petitioner's conviction became final on February 16, 2002, the day the Supreme Court denied his petition for writ; petitioner had one year from that date to file a § 2255 motion, or until February 16, 2003. United States v. Spencer, 283 F. App'x 633, 636 (10th Cir. 2008) (citing 28 U.S.C. § 2255(f) and United States v. Gabaldon, 522 F.3d 1121, 1123 (10th Cir. 2008)). There are "rare and exceptional circumstances" that will toll the one-year statute of limitations period.