BYERS v. U.S.

No. 08-1661.

561 F.3d 832 (2009)

Jasen BYERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 9, 2009.


Attorney(s) appearing for the Case

C. Douglas Shull, Columbia, MO, argued, for appellant.

Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.

Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.


LIMBAUGH, District Judge.

Jasen Byers appeals the denial of his pro se motion under 28 U.S.C. § 2255 to vacate, set aside, or correct the sentence imposed against him on his conviction for conspiracy to distribute a controlled substance. He filed his motion on the ground that a previously dismissed conviction had been used in the presentence investigation report to increase the statutory mandatory minimum. The district court dismissed the motion as untimely...

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