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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.