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GRADY v. U.S.

No. 01-1564.

269 F.3d 913 (2001)

Chad GRADY, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 15, 2001.

Attorney(s) appearing for the Case

Richard L. Murphy, Assistant U.S. Attorney, argued, Cedar Rapids, IA, for appellant.

Martha M. McMinn, argued, Sioux City, IA, for appellee.

Before BOWMAN, HEANEY, and BYE, Circuit Judges.

BYE, Circuit Judge.

When a material dispute of fact prevents a district court from entering summary judgment on an affirmative defense raised by the government in a 28 U.S.C. § 2255 proceeding, the court must conduct an evidentiary hearing to resolve the dispute. In the present case, the district court neglected to resolve whether Chad Grady's § 2255 motion was timely filed, yet the court later granted relief, concluding...

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