
    UNITED STATES of America, Appellee, v. Mario B. VALDEZ-ALDABA, Appellant.
    No. 08-3393.
    United States Court of Appeals, Eighth Circuit.
    Submitted: June 5, 2009.
    Filed: July 23, 2009.
    Sarah N. Swatosh, Bryan Cave LLP, Kansas City, MO, for appellant.
    Elizabeth A. Murray, Spec. Asst. U.S. Atty., Springfield, MO, for appellee.
    
      Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
   PER CURIAM.

Mario Valdez-Aldaba appeals the district court’s 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 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. 
      
      . The Honorable Ortrie D. Smith, United States District Judge for the Western District of Missouri.
     