United States Eighth Circuit

Denial of defendant's motion to vacate his sentence is reversed where the district court erred when it found the motion untimely and that defendant presented no circumstances to excuse its tardiness.

Appellate Information

• Decided 05/27/2005
• Published 05/27/2005

Judges

• HEANEY, Circuit Judge., Before MELLOY, HEANEY, and FAGG, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Blair A. Bennett of Des Moines, IA.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Cliff Wendel, AUSA, of Des Moines, IA. Appearing on appellee's brief was Shannon Olson.