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MILLER v. U.S.

No. 13-6254.

735 F.3d 141 (2013)

Gordon Lee MILLER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Richard Donald Dietz, Court-Assigned Amicus Counsel.

United States Court of Appeals, Fourth Circuit.

Decided: August 21, 2013.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester , Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee.

Richard Donald Dietz , Kilpatrick Townsend & Stockton, LLP, Winston-Salem, North Carolina, for Court-Assigned Amicus Counsel. ON BRIEF: Henderson Hill , Executive Director, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant.

Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge FLOYD wrote the opinion, in which Judge KING and Judge DIAZ joined. Judge KING wrote a separate concurring opinion.

FLOYD, Circuit Judge:

Petitioner Gordon Lee Miller appeals the dismissal of his 28 U.S.C. § 2255 motion to vacate his conviction for violating 18 U.S.C. § 922(g)(1)—possession of a firearm by a convicted felon. Miller was convicted for a single count of possession of a firearm by a convicted felon. Four years later, Miller filed a motion to vacate his conviction pursuant to 28 U.S.C. § 2255, arguing that under this Court's decision in United...

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