United States v. Kenneth Ray Martin
Court of Appeals for the Eighth Circuit
1Opinion of the Court
HEANEY, Circuit Judge.
Kenneth Ray Martin, a federal prisoner, appeals the district court’s denial of his •motion to vacate, set aside, or correct his sentence brought pursuant to 28 U.S.C. § 2255. The court found the motion untimely and that Martin presented no circumstances to excuse its tardiness. We disagree and therefore reverse. • ■
BACKGROUND
None of the facts relevant to this appeal are in dispute. Following a jury trial, Martin was convicted of conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute. He was sentenced to 121 months of…
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