United States Eleventh Circuit

Denial of defendant's untimely motion to vacate his sentence is reversed where the procedural bar to defendant's claim was overcome by his proof of innocence of the crime to which pled guilty.

Appellate Information

• Decided 08/26/2004
• Published 08/26/2004

Judges

• PER CURIAM:, Before BARKETT and HILL, Circuit Judges, and FORRESTER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Paul James Kaplan (Court-Appointed), Alston & Bird LLP, Atlanta, GA, for Defendant-Appellant., Amy Levin Weil, H. Allen Moye, Atlanta, GA, for Plaintiff-Appellee.