United States v. Valdez
Court of Appeals for the Ninth Circuit
1Opinion of the Court
TASHIMA, Circuit Judge:
Federal prisoner Michael Valdez filed a post-conviction petition for relief that was construed by the district court as a § 2255 motion and dismissed as untimely. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and because we hold that Valdez’s motion was not time-barred, we reverse and remand.
I
In 1991, a jury convicted Valdez of drug-trafficking, and of using or carrying a firearm during and in relation to a drug trafficking offense in violation of 18 U.S.C. § 924(c)(1) (1991). Valdez was sentenced to 87 months’ imprisonment on the drug offenses and to a…
2Cases cited21 opinions
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- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- In Re Avery W. Vial, MovantCourt of Appeals for the Fourth Circuit · 1997
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- Michael Donald Dodd v. United StatesCourt of Appeals for the Eleventh Circuit · 2004
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