United States Fourth Circuit

Petitioner filed his habeas petition within the one-year period set forth in 28 U.S.C. section 2255. Thus, his enhanced sentence as a career offender based on a state court conviction is reversed where the state conviction was subsequently vacated.

Appellate Information

• Decided 06/12/2003
• Published 06/12/2003

Judges

• Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:John Herman Hare, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant.  Sean Kittrell, Assistant United States Attorney, Charleston, South Carolina, for Appellee.   ONBRIEF:  J. Strom Thurmond, Jr., United States Attorney, Charleston, South Carolina, for Appellee.