[Download] "Solomon v. United States" by United States Court of Appeals Tenth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Solomon v. United States
- Author : United States Court of Appeals Tenth Circuit
- Release Date : January 02, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Petitioner Christopher Solomon, currently serving a 240-month sentence following his conviction in the United States District Court for the Southern District of Ohio for knowingly and intentionally possessing with the intent to distribute crack cocaine, appeals the district courts denial of his motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. ร§ 2255. Raising on its own initiative the statute of limitations set forth in the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub. L No. 104-132, 110 Stat. 1214, the district court found Petitioners Section 2255 motion untimely. The district court further concluded that Petitioner was not entitled to equitable tolling and therefore dismissed his motion. We find it unnecessary to decide whether the district court erred in sua sponte raising the AEDPAs statute of limitations, because we conclude that Petitioner was entitled to equitable tolling. We therefore REVERSE the orders of the district court and REMAND to the district court for a decision on the merits of Petitioners Section 2255 motion.