Barnes: No Rule 33 Exception in AEDPA limitations period

In Barnes v. U.S., No. 05-10856 (Jan. 24, 2006), the Court held that the AEDPA one-year statute of limitations for filing a § 2255 motion is not tolled by the prior filing of a motion under Fed. R. Crim. P. 33 for a new trial. The Court noted that the language of AEDPA provides that the period commences when the judgment of conviction becomes final. A Rule 33 motion does not change that time period. The Court noted that it was for Congress to modify AEDPA to take account of Rule 33, but it would not engraft a Rule 33 exception on the statute.