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U.S. v. MARTIN

No. 04-2734.

408 F.3d 1089 (2005)

UNITED STATES of America, Appellee, v. Kenneth Ray MARTIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 27, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Blair A. Bennett of Des Moines, IA.

Counsel who presented argument on behalf of the appellee was Cliff Wendel, AUSA, of Des Moines, IA. Appearing on appellee's brief was Shannon Olson.

Before MELLOY, HEANEY, and FAGG, Circuit Judges.

HEANEY, Circuit Judge.

Kenneth Ray Martin, a federal prisoner, appeals the district court's denial of his motion to vacate, set aside, or correct his sentence brought pursuant to 28 U.S.C. § 2255. The court found the motion untimely and that Martin presented no circumstances to excuse its tardiness. We disagree and therefore reverse.

BACKGROUND

None of the facts relevant to this appeal are in dispute...

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