Appeal from the United States District Court for the Western District of Kentucky at Owensboro.
Nos. 4:13-cr-00033-1; 4:19-cv-00001—Joseph H. McKinley, Jr., District Judge.
Decided and Filed: January 3, 2023
Before: KETHLEDGE, READLER, and MURPHY, Circuit Judges.
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OPINION
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KETHLEDGE, Circuit Judge. Undisputed in this case is that, in January 2016, the
prosecutor in Amaury Villa’s case emailed Villa’s counsel, Donald Meier, with an offer to enter
into a cooperation agreement with Villa. What the parties dispute is when Villa learned about
that offer. The government says that Meier told Villa about the offer the day it was made. Villa
says that he learned about that offer only years later, when he obtained the relevant portion of
Meier’s case file. By then Villa had pending with the district court a motion for relief from
sentence under 28 U.S.C. § 2255, which he promptly moved to amend with a claim based on
Meier’s alleged omission. Villa attached two affidavits (including his own) in support of his
motion to amend; the government attached an affidavit from Meier in opposition. Yet the district
court summarily adopted the government’s view of the facts and denied Villa’s motion to amend
as untimely. We vacate the court’s decision and remand for an evidentiary hearing. |