Eric A. Moore v. United States
Court of Appeals for the Eighth Circuit
1Opinion of the Court
HANSEN, Circuit Judge.
Eric A. Moore appeals the district court’s dismissal of his 28 U.S.C.A. § 2255 (West Supp.1998) motion as untimely. Based on our recent en banc decision in Nichols v. Bowersox, 172 F.3d 1068 (8th Cir.1999) (en banc), we reverse.
I
Moore was convicted in 1990 of using a firearm in connection with a drug trafficking offense, in violation of 18 U.S.C. § 924(c), and sentenced to 60 months’ imprisonment, to be served consecutively to a 360-month sentence imposed for the underlying drug trafficking convictions. He filed a pro se § 2255 motion seeking to dismiss the § 924(c)…
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