Carlos Lowe v. United States

BERNICE BOUIE DONALD, Circuit Judge.

Petitioner-appellant Carlos Lowe appeals the district court's denial of his successive pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. For the reasons more fully explained below, we REVERSE and REMAND the case back to the district court.

I

In 2005, a jury found Lowe guilty of possessing ammunition as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Lowe had previously been convicted of four felonies under Tennessee law. They include: third-degree burglary, aggravated assault, a rape occurring in 1977, and a…