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U.S. v. EMMANUEL

No. 00-7578.

288 F.3d 644 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Shahborn EMMANUEL, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 7, 2002.

Attorney(s) appearing for the Case

ARGUED: James Richard Glover, Glover & Petersen, P.A., Chapel Hill, North Carolina, for Appellant. Brian Lee Whisler, Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Robert J. Conrad, Jr., United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.

Vacated and remanded by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge NIEMEYER joined. Judge WIDENER wrote a concurring opinion.

OPINION

TRAXLER, Circuit Judge.

In this appeal, we are asked to decide what procedures a district court should follow prior to converting a prisoner's mislabeled or unlabeled post-conviction motion into the movant's first § 2255 motion, see...

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