U.S. v. GRAY

No. 98-6043.

182 F.3d 762 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Steven GRAY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 29, 1999.


Attorney(s) appearing for the Case

Steven Gray, Pro Se.

Patrick M. Ryan, United States Attorney, Frank Michael Ringer, Assistant U.S. Attorney, Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Before PORFILIO, McKAY, and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

Two issues, the claimed misapplication of the prison mailbox rule to the filing of a motion pursuant to 28 U.S.C. § 2255 and the effectiveness of counsel at the guilt and sentencing phases of appellant's proceedings, are brought to us for resolution. We conclude that in holding appellant's motion untimely, the district court misapplied the mailbox rule because the facility in which appellant was incarcerated maintains an inadequate system...

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