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U.S. v. RIGGS

No. 02-30396.

314 F.3d 796 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Kevin RIGGS, also known as Kevin Thomas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 30, 2002.

Attorney(s) appearing for the Case

Cristina Walker, Asst. U.S. Atty., Shreveport, LA, for Plaintiff-Appellant.

Frank A. Granger, Frank Granger, Lake Charles, LA, for Defendant-Appellee.

Before SMITH, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The government appeals the grant of Kevin Riggs's motion for collateral relief under 28 U.S.C. § 2255. Concluding that the district court abused its discretion by equitably tolling the statute of limitations for Riggs's untimely motion, we reverse and dismiss the § 2255 motion.

I.

A.

In 1991, the police suspected Riggs and associates of drug trafficking and lured Riggs and John Jackson from their...

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