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SCHMIDT v. U.S.

Criminal No. JFM-04-052, Civil No. JFM-13-3370.

RlCHARD A. SCHMIDT v. UNITED STATES OF AMERICA.

United States District Court, D. Maryland.

October 29, 2014.

Attorney(s) appearing for the Case

USA, Plaintiff, represented by Zachary A Myers, Office of the United States Attorney.

MEMORANDUM

J. FREDERICK MOTZ, District Judge.

Richard A. Schmidt has filed a motion under 28 U. S. C. §2255. The United States has filed a motion to dismiss on the grounds that the motion is untimely.

Unquestionably, Schmidt's motion is filed outside of the time limits of the statute. However, he relies upon the "actual innocence" exception that applies to otherwise untimely habeas actions. See United States v. Jones...

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