Asha K. Spaulding v. USA

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 16-11641
Non-Argument Calendar
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D.C. Docket Nos. 6:15-cv-00107-LGW-GRS; 6:12-cr-00017-BAE-GRS-1
ASHA K. SPAULDING,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Georgia
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(January 30, 2018)
Before WILSON, WILLIAM PRYOR and MARTIN, Circuit Judges.
PER CURIAM:
Case: 16-11641 Date Filed: 01/30/2018 Page: 1 of 2

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Asha Spaulding appeals pro se the sua sponte denial of her motion to vacate.
See 28 U.S.C. § 2255. The district court denied Spaulding’s motion based on her
written plea agreement to waive her right to collaterally attack her convictions and
sentence in a postconviction proceeding. The Supreme Court instructed in Day v.
McDonough, 547 U.S. 198 (2006), that “a court must accord the parties fair notice
and an opportunity to present their positions” before disposing of a case on a
ground not raised in their filings, id. at 210. Because the district court denied
Spaulding’s postconviction motion without giving her an opportunity to respond to
the effect of her waiver, we vacate and remand for the district court to proceed in
accordance with the Rules Governing Section 2255 Proceedings.
VACATED AND REMANDED.
Case: 16-11641 Date Filed: 01/30/2018 Page: 2 of 2

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