Case: 16-11641 Date Filed: 01/30/2018 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 16-11641

Non-Argument Calendar

________________________ D.C. Docket Nos. 6:15-cv-00107-LGW-GRS; 6:12-cr-00017-BAE-GRS-1 ASHA K. SPAULDING,

Petitioner-Appellant,

versus UNITED STATES OF AMERICA,

Respondent-Appellee.

________________________

Appeal from the United States District Court

for the Southern District of Georgia

________________________

(January 30, 2018) Before WILSON, WILLIAM PRYOR and MARTIN, Circuit Judges. PER CURIAM:

Case: 16-11641 Date Filed: 01/30/2018 Page: 2 of 2

Asha Spaulding appeals pro se the sua sponte denial of her motion to vacate. See 28 U.S.C. § 2255. The district court denied Spaulding’s motion based on her written plea agreement to waive her right to collaterally attack her convictions and sentence in a postconviction proceeding. The Supreme Court instructed in Day v. McDonough, 547 U.S. 198 (2006), that “a court must accord the parties fair notice and an opportunity to present their positions” before disposing of a case on a ground not raised in their filings, id. at 210. Because the district court denied Spaulding’s postconviction motion without giving her an opportunity to respond to the effect of her waiver, we vacate and remand for the district court to proceed in accordance with the Rules Governing Section 2255 Proceedings.

VACATED AND REMANDED.

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