United States First Circuit

Plaintiff's petition to vacate his child pornography conviction was improperly dismissed since the district court failed to afford plaintiff notice of its intention to rely upon his procedural default as a basis for dismissal.

Appellate Information

• Decided 03/16/2005
• Published 03/16/2005

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James H. Feldman, Jr., with whom Alan Ellis, Peter Goldberger, and Law Offices of Alan Ellis were on brief, for appellant.


• For Appellees:
  
• F. Mark Terison, Assistant United States Attorney (Senior Litigation Counsel), with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.