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OAKES v. U.S.

No. 02-2640.

400 F.3d 92 (2005)

David J. OAKES, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided March 16, 2005.

Attorney(s) appearing for the Case

James H. Feldman, Jr., with whom Alan Ellis, Peter Goldberger, and Law Offices of Alan Ellis were on brief, for appellant.

F. Mark Terison, Assistant United States Attorney (Senior Litigation Counsel), with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

SELYA, Circuit Judge.

Petitioner-appellant David J. Oakes, a person incarcerated by reason of a previous conviction on federal child pornography charges, appeals from the dismissal of his petition to vacate his conviction and sentence. The district court based its decision on procedural default even though the government had failed to raise that defense in its response to Oakes's petition. In a challenge that frames a question of first impression in this circuit,...

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