DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182498P.pdf 08/26/2019 Yuri Chachanko v. United States
U.S. Court of Appeals Case No: 18-2498
U.S. District Court for the District of South Dakota - Rapid City
[PUBLISHED] [Benton, Author, with Gruender and Grasz, Circuit Judges]
Habeas Corpus - motion to vacate. Untimely motion to vacate to assert
claim under Johnson v. United States is not excused, as no extraordinary
circumstances are presented. Counsel sent letter stating no claim would be
filed and the failure to receive the letter is not an extraordinary
circumstance. Even if extraordinary circumstances were shown, Chachanko
was not reasonably diligent in pursuing his claim and the district court
did not err in finding he did not exercise reasonable diligence.