United States Fourth Circuit
US v. Thomas, 08-8436
Following defendant's conviction for attempted possession of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime, the district court's dismissal of the defendant's motion to vacate, set aside, or correct his sentence under 28 U.S.C.A. section 2255 is vacated and remanded as, because defendant's filings in the district court were pro se and the district court dismissed the section 2255 motion as untimely without obtaining a response from the government, the factual basis of defendant's precise claim is not entirely clear from the motion.
Appellate Information
- Argued 09/24/2010
- Decided 12/29/2010
- Published 12/29/2010
Judges
Court
- United States Fourth Circuit
Counsel
- For Appellant:
- John Byron, Amy Elizabeth Ray