U.S. v. WYNN

No. 01-10660.

292 F.3d 226 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Stacey WYNN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 31, 2002.


Attorney(s) appearing for the Case

Rebecca A. Gregory, Dallas, TX, for Plaintiff-Appellee.

Stacey Wynn, Fort Worth, TX, pro se.

Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Stacey Wynn appeals the dismissal, as time barred, of his motion filed pursuant to 28 U.S.C. § 2255. There is no doubt that the filing was tardy; the only issue is whether Wynn is entitled to equitable tolling.

I.

Wynn was convicted in January 1997 of conspiracy to possess and possession with intent to distribute cocaine and aiding and abetting. He was sentenced to 235...

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