U.S. Court of Appeals for the Eleventh Circuit, 2012

Ulises Cao v. United States

Ulises Cao v. United States
U.S. Court of Appeals for the Eleventh Circuit · Decided January 26, 2012 · Tjoflat, Barkett, Anderson
456 F. App'x 794

Ulises Cao v. United States

Opinion

PER CURIAM:

The Government properly concedes that, in denying petitioner’s motion to vacate filed pursuant to 28 U.S.C. § 2255, the district erroneously disregarded Clisby v. Jones, 960 F.2d 925, 936 (11th Cir. 1992) (en banc), when it failed to address petitioner’s claim that he was denied his Fifth Amendment right to due process of law because the Government knowingly presented a witness’s perjured testimony. The district court’s judgement is accordingly vacated and the case is remanded with the instruction that the district court address the merits of that claim.

VACATED and REMANDED.

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