Court of Appeals for the Ninth Circuit November 12, 1999, No. 98-35526 (United States v. Valdez)

TASHIMA, Circuit Judge:

Federal prisoner Michael Valdez filed a post-conviction petition for relief that was construed by the district court as a § 2255 motion and dismissed as untimely. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and because we hold that Valdez’s motion was not time-barred, we reverse and remand.

I.