U.S. v. SIMMONS

Attorney(s) appearing for the Case

ARGUED: Andrew Brady Banzhoff , Devereux & Banzhoff, Asheville, North Carolina, for Appellant. Matthew Segal , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Amici Supporting Appellant. Amy Elizabeth Ray , Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Gretchen C.F. Shappert , United States Attorney, Adam Morris , Assistant United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee. Christopher C. Fialko , Rudolf Widenhouse & Fialko, Charlotte, North Carolina, for North Carolina Advocates for Justice, Amicus Supporting Appellant. Claire J. Rauscher , Executive Director, Ann L. Hester , Assistant Federal Defender, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Federal Defenders of Western North Carolina, Incorporated, Office of the Federal Public Defender, for the Middle District of North Carolina, and Office of the Federal Public Defender, for the Eastern District of North Carolina, Amici Supporting Appellant.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judges KING, GREGORY, SHEDD, DAVIS, KEENAN, WYNN, and DIAZ joined. Judge DUNCAN wrote a dissenting opinion. Judge AGEE also wrote a dissenting opinion, in which Chief Judge TRAXLER and Judges WILKINSON, NIEMEYER, and DUNCAN joined.