Michael Shelton v. United States
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
SUTTON, Circuit Judge.
In 2006, Michael J. Shelton pleaded guilty to one count of being a felon in possession of a firearm. His conviction became final in 2009, and four years later he filed a motion to vacate his sentence. See 28 U.S.C. § 2255. Without notifying Shelton or asking him to show cause, the district court on its own initiative dismissed the motion as untimely. Because the court should have given Shelton notice before dismissing his motion, we vacate the district court’s judgment.
Shelton’s conviction and sentence became final on February 23, 2009, when the Supreme Court…
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