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U.S. v. GAYLOR

No. 86-6585.

828 F.2d 253 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Gene Willard GAYLOR, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1987.

Attorney(s) appearing for the Case

Lesley Anne Fair, Appellate Law Fellow (Steven H. Goldblatt, Director Appellate Litigation Clinical Program, Georgetown University Law Center; Samuel Dash, Director, Washington, D.C., Ellen Pearlman, Appellate Law Fellow; Gale Connor; Winthrop Thurlow, Student Counsel on brief) for defendant-appellant.

Jerry W. Kilgore, Asst. U.S. Atty. (John P. Alderman, U.S. Atty., Roanoke, Va., on brief), for plaintiff-appellee.

Before HALL, PHILLIPS and WILKINSON, Circuit Judges.

K.K. HALL, Circuit Judge:

Gene W. Gaylor, a federal inmate, appeals an order of the district court denying his motion brought pursuant to 28 U.S.C. § 2255 to vacate an enhanced prison sentence imposed upon him under the Dangerous Special Offender ("DSO") statute, 18 U.S.C. § 3575. The district court held that Gaylor's collateral attack on a prior state conviction used to establish his special offender status was barred by his failure to exhaust available...

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