United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3393 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Mario B. Valdez-Aldaba, * * [UNPUBLISHED] Appellant. * ___________ Submitted: June 5, 2009 Filed: July 23, 2009 ___________ Before BYE, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Mario Valdez-Aldaba appeals the district court’s1 dismissal of his post- judgment motion seeking to modify his sentence to grant him credit for time served on a state sentence. The district court dismissed the motion as untimely under Federal Rule of Criminal Procedure 35(a). Valdez-Aldaba’s counsel has moved to withdraw. Because Valdez-Aldaba’s post-judgment motion was filed more than eighteen months after his sentencing, we conclude that the district court correctly denied it as 1 The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri. untimely, whether it is characterized as a motion to correct a sentence under Rule 35(a), or as a motion for relief from an illegal sentence under section 2255. See 28 U.S.C. § 2255(f)(1) (indicating motion for relief from sentence under § 2255 must be filed within 1 year from date on which judgment of conviction became final); Fed. R. Crim. P. 35(a) (providing for correction of sentence “[w]ithin 7 days after sentencing”). Accordingly, we affirm and grant counsel’s motion to withdraw. ______________________________ -2- 2