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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Rya W. Zobel, U.S. District Judge]

This case requires us to address the interaction between two avenues of relief from a federal conviction and sentence: 28 U.S.C. � 2255, which permits a motion to set aside a sentence allegedly imposed in violation of the Constitution or federal law, and Rule 33 of the Federal Rules of Criminal Procedure, which permits a motion for a new trial on the basis of newly discovered evidence. In particular, we must decide whether the one-year statute of limitations for � 2255 motions imposed by the Antiterrorism and Effective Death Penalty Act, Pub. L. No. 104-132, 110 Stat. 1214 (Apr. 24, 1996) (“AEDPA”), either is tolled during the pendency of a Rule 33 motion based on newly discovered evidence, or, in the alternative, does not commence until the possibility of relief under Rule 33 is exhausted.

Like the district court, we conclude that the statute of limitations for a � 2255 motion begins to run upon the completion of a prisoner’s direct appeal from the judgment of conviction, notwithstanding any subsequent proceedings under Rule 33. We also agree with the district court that there is no statutory basis for tolling the limitations period while the prisoner seeks post-conviction relief under Rule 33. Finally, assuming the availability of equitable tolling, we conclude that the district court did not abuse its discretion in finding that the circumstances of this case do not present any grounds for application of that doctrine.

 
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