United States Fourth Circuit
US v. Newbold, 10-6929
On remand from the US Supreme Court, a sentence for guilty plea to being a felon in possession of a firearm is vacated where, pursuant to Miller v. US, 735 F.3d 141 (4th Cir. 2013), a petitioner may challenge on collateral review, under a 28 U.S.C. section 2255 motion, a Simmons error resulting in his erroneous designation as an armed career criminal.
Appellate Information
- Decided 06/30/2015
- Published 06/30/2015
Judges
- GREGORY
Court
- United States Fourth Circuit