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MOORE v. U.S.

No. 98-1153.

173 F.3d 1131 (1999)

Eric A. MOORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed April 16, 1999.

Attorney(s) appearing for the Case

Ronald L. Jurgeson, Lee's Summit, Missouri, argued (Gerald W. Furnell, on the brief), for Appellant.

Lajuana M. Counts, Assistant U.S. Attorney, Kansas City, Missouri, argued (Stephen L. Hill, Jr., on the brief), for Appellee.

Before: McMILLIAN, FLOYD R. GIBSON, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Eric A. Moore appeals the district court's dismissal of his 28 U.S.C.A. § 2255 (West Supp.1998) motion as untimely. Based on our recent en banc decision in Nichols v. Bowersox, 172 F.3d 1068 (8th Cir.1999) (en banc), we reverse.

I.

Moore was convicted in 1990 of using a firearm in connection with a drug trafficking offense, in violation of 18 U.S.C. § 924(c), and sentenced...

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