5:09-cr-00267-H-1; 5:12-cv-00099-H) UNITED STATES OF AMERICA v. Phillip Anthony Isles

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.
O R D E R
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 120-
month sentence. Upon consideration of the contentions and materials submitted in
conjunction with the petition, we grant rehearing, grant a certificate of
UNPUBLISHED

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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

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