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U.S. v. THOMAS

Nos. 98-50410, 98-50411.

203 F.3d 350 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Lee THOMAS, III, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Hashim Esteban Thomas, also known as Joker, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 4, 2000.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. and Mark Randolph Stelmach, Asst. U.S. Attys., San Antonio, TX, for Plaintiff-Appellee.

David P. Cunningham, Houston, TX, for Defendants-Appellants.

Before KING, Chief Judge, and DUHE and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Federal prisoners Steven Lee Thomas and Hashim Esteban Thomas appeal the district court's order dismissing their 28 U.S.C. § 2255 motions as untimely filed. We affirm the district court's determination that the Thomases' § 2255 motions were untimely, although for reasons different than those articulated by the district court.

I.

In 1995, brothers Steven and Hashim Thomas were convicted on federal charges arising from...

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