U.S. v. DODSON

No. 01-6480.

291 F.3d 268 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas J. DODSON, Jr., a/k/a Becky, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 2002.


Attorney(s) appearing for the Case

ARGUED: Kendal Aylor Sibley, Student, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Defendant-Appellant. John Thomas Lynch, Jr., Special Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Plaintiff-Appellee. ON BRIEF: Neal L. Walters, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Defendant-Appellant. Paul J. McNulty, United States Attorney, Office of the United States Attorney, Alexandria, Virginia; Nicholas Stephan Altimari, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia, for Plaintiff-Appellee.

Before MOTZ, Circuit Judge, WALTER K. STAPLETON, Senior Circuit Judge of the United States Court of Appeals for the Third Circuit, sitting by designation, and W. CRAIG BROADWATER, United States District Judge for the Northern District of West Virginia, sitting by designation.


Vacated and remanded by published opinion. Judge DIANE GRIBBON MOTZ wrote the opinion, in which Senior Judge STAPLETON and Judge BROADWATER joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

The district court dismissed Douglas J. Dodson, Jr.'s initial motion for relief under 28 U.S.C.A. § 2255 (West Supp.2001) as untimely. We vacate and remand for further proceedings.

I.

A jury convicted...

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