Jerome Glen Brown v. United States

PAUL KELLY, Jr., Circuit Judge.

Mr. Brown, appearing pro se, appeals the district court’s denial of his 28 U.S.C. § 2255 motion. The district court adopted the magistrate’s recommendation that the relief which Mr. Brown seeks is procedurally barred. On appeal, the government concedes error and has waived the procedural bar defense. Our jurisdiction arises under 28 U.S.C. § 1291, and we reverse the judgment of the district court with instructions.

Mr. Brown was convicted of: (1) entering an FDIC insured bank with intent to commit bank robbery, 18 U.S.C. § 2113(a), and (2) committing a bank…