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US v. Thomas, 08-8436

Sentencing challenge in conviction for drug and firearm related offenses

US v. Thomas, 08-8436, concerned a challenge to 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, following defendant's conviction for attempted possession of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.  In vacating and remanding, the court held that, 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.

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