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GATEWOOD v. U.S.

No. 19-6297.

979 F.3d 391 (2020)

Johnny E. GATEWOOD, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 29, 2020.

Attorney(s) appearing for the Case

ARGUED: Tyrone J. Paylor , FEDERAL PUBLIC DEFENDER'S OFFICE, Memphis, Tennessee, for Appellant. Kevin G. Ritz , UNITED STATES ATTORNEY'S OFFICE, Memphis, Tennessee, for Appellee. ON BRIEF: Tyrone J. Paylor , FEDERAL PUBLIC DEFENDER'S OFFICE, Memphis, Tennessee, for Appellant. Kevin G. Ritz , UNITED STATES ATTORNEY'S OFFICE, Memphis, Tennessee, for Appellee.

Before: SUHRHEINRICH, LARSEN, and READLER, Circuit Judges.

OPINION

Johnny Gatewood filed a motion under 28 U.S.C. § 2255 to vacate his life sentence. The district court denied the motion as untimely. On appeal, the government now concedes that Gatewood's motion was timely but maintains that his claim is nevertheless barred by procedural default. We agree and AFFIRM...

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