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AZA-PAEZ v. U.S.

No. 02-2300.

343 F.3d 552 (2003)

Santos DE AZA-PAEZ, Petitioner, Appellant, v. UNITED STATES, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided September 15, 2003.

Attorney(s) appearing for the Case

Santos De Aza-Paez on brief pro se.

H.S. Garcia, United States Attorney, Sonia I. Torres, Assistant United States Attorney, and Thomas F. Klumper, Assistant United States Attorney, on brief for appellee.

Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.

PER CURIAM.

Defendant-appellant Santos de Aza-Paez (Santos) appeals from the denial of his petition pursuant to 28 U.S.C. § 2255. The district court denied the petition as untimely. We vacate and remand for the following reasons.

The undisputed facts are that Santos directed the president of a paralegal service to file his habeas petition, which arrived within the one-year deadline following the denial of his petition for certiorari. The petition was...

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