US v. Phillip Isles, No. 13-6090 (4th Cir. 2014)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on April 30, 2013.
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UNPUBLISHED FILED: June 24, 2014 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6090 (5:09-cr-00267-H-1; 5:12-cv-00099-H) UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PHILLIP ANTHONY ISLES, Defendant - Appellant. ORDER Now pending before the court is Appellant Phillip Anthony Isles petition for rehearing of our April 30, 2013 decision. In that opinion, we denied a certificate of appealability and dismissed Isles appeal of the district court s order dismissing as time-barred his 28 U.S.C.A. § 2255 (West Supp. 2013) motion to vacate his conviction under 18 U.S.C. §§ 922(g)(1), 924 (2006), and resulting 120month sentence. Upon consideration of the contentions and materials submitted in conjunction with the petition, we grant rehearing, grant a certificate of appealability, and remand this case to the district court for further proceedings in light of McQuiggin v. Perkins, 133 S. Ct. 1924 (2013), and Miller v. United States, __ F.3d __, 2013 WL 4441547 (4th Cir. Aug. 21, 2013). The mandate in this case shall issue forthwith. Entered at the direction of the panel: Judge Agee, Judge Wynn and Senior Judge Hamilton. For the Court /s/ Patricia S. Connor, Clerk 2
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