U.S. v. VALDEZ

No. 98-35526.

195 F.3d 544 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Michael VALDEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 12, 1999.


Attorney(s) appearing for the Case

Kirk T. Kennedy, Las Vegas, Nevada, for the defendant-appellant.

Karen L. Loeffler, Assistant United States Attorney, Anchorage, Alaska, for the plaintiff-appellee.

Before: HUG, Chief Judge, TROTT, and TASHIMA, Circuit Judges.


TASHIMA, Circuit Judge:

Federal prisoner Michael Valdez filed a post-conviction petition for relief that was construed by the district court as a § 2255 motion and dismissed as untimely. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and because we hold that Valdez's motion was not time-barred, we reverse and remand.

I.

In 1991, a jury convicted Valdez of drug-trafficking, and of using or carrying a firearm during and in relation...

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