United States Fourth Circuit

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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

Counsel