United States v. Brian Keith Battles
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FERNANDEZ, Circuit Judge.
Brian Battles appeals the district court’s denial of his motion to reconsider its sua sponte order dismissing his motion for post-conviction relief on the basis that it was barred by the statute of limitations. See 28 U.S.C. § 2255. We affirm in part, reverse in part, and remand.
BACKGROUND
Battles was found guilty of drug offenses and was sentenced. We affirmed his conviction, 1 he petitioned the Supreme Court for certiorari, and that petition was denied on October 5, 1998. 2 On October 12,1999, Battles filed for § 2255 relief, but the district court denied the…
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