Ulises Cao v. USA

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JANUARY 26, 2012
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-11810
Non-Argument Calendar
________________________
D.C. Docket Nos. 1:10-cv-21488-KMM,
1:08-cr-20228-KMM-1
ULISES CAO,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
__________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(January 26, 2012)
Before TJOFLAT, BARKETT and ANDERSON, Circuit Judges.
PER CURIAM:

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The Government properly concedes that, in denying petitioner’s motion to
vacate filed pursuant to 28 U.S.C. § 2255, the district erroneously disregarded
Clisby v. Jones, 960 F.2d 925, 936 (11th Cir. 1992) (en banc), when it failed to
address petitioner’s claim that he was denied his Fifth Amendment right to due
process of law because the Government knowingly presented a witness’s perjured
testimony. The district court’s judgement is accordingly vacated and the case is
remanded with the instruction that the district court address the merits of that
claim.
VACATED and REMANDED.
2

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