U.S. v. THOMAS

No. 08-8436.

627 F.3d 534 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Danny Keith THOMAS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 29, 2010.


Attorney(s) appearing for the Case

ARGUED: John Byron , Wake Forest University, School of Law, Winston-Salem, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: John J. Korzen , Director, Caroline B. Payseur , Wake Forest University, School of Law, Appellate Advocacy Clinic, Winston-Salem, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge KING and Senior Judge FRIEDMAN joined.


OPINION

TRAXLER, Chief Judge:

Danny Keith Thomas appeals an order of the district court dismissing as untimely his pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C.A. § 2255 (West Supp.2010). For the following reasons, we vacate the district court's order and remand the motion for further proceedings.

I.

On November 7, 2005, Thomas pleaded guilty pursuant...

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