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U.S. v. WITHERS

Nos. 05-56795, 08-55096.

618 F.3d 1008 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Michel WITHERS, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Michel Withers, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2010.

Attorney(s) appearing for the Case

Jennifer Yihyun Chou , Assistant United States Attorney, General Crimes Section, Los Angeles, CA, for the plaintiff-appellee.

Verna Jean Wefald , Pasadena, CA, for the defendant-appellant.

Opinion by Judge PREGERSON; Dissent by Judge NOONAN.

OPINION

PREGERSON, Circuit Judge:

Michel Withers ("Withers") appeals the district court's denial of his 28 U.S.C. § 2255 habeas motion.1 Withers also appeals the district court's decision that his notice of appeal of the district court's denial of his § 2255 motion was untimely. We have jurisdiction under 28 U.S.C. §§ 1291 and 2255(d), and, for the reasons explained below, we REVERSE.

I.

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