U.S. v. MONTANO

No. 03-11950.

381 F.3d 1265 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco MONTANO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 26, 2004.


Attorney(s) appearing for the Case

Paul James Kaplan (Court-Appointed), Alston & Bird, LLP, Atlanta, GA, for Montano.

H. Allen Moye, Amy Levin Weil, U.S. Atty., Atlanta, GA, for U.S.

Before BARKETT and HILL, Circuit Judges, and FORRESTER, District Judge.


FORRESTER, District Judge:

Francisco Montano appeals the district court's denial of his motion seeking leave to file an untimely 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence under 18 U.S.C. § 924(c), which prohibits use of a firearm during or in relation to a felony drug trafficking transaction. Pursuant to a negotiated plea agreement, Montano pled guilty on July 24, 1998 and was sentenced on October 6, 1998, on two counts: the above...

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