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U.S. v. KELLY

No. 94-16891.

62 F.3d 1215 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. John KELLY III, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1995.

Attorney(s) appearing for the Case

John Kelly, III, Denver, CO, pro se.

Robert A. Bork, Asst. U.S. Atty., Reno, NV, for plaintiff-appellee.

Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges.

PER CURIAM:

John Kelly appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion. We have jurisdiction under 28 U.S.C. §§ 1291, 2255. We review the denial of a § 2255 motion de novo, Frazer v. United States, 18 F.3d 778, 781 (9th Cir.1994), and we reverse and remand.

In his motion, Kelly claimed that his 1992 conviction for being a felon in possession of a firearm should be invalidated...

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