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U.S. v. NICHOLSON

No. 04-6092.

475 F.3d 241 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jack Lavelton NICHOLSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 2, 2007.

Attorney(s) appearing for the Case

ARGUED: Marvin David Miller, Alexandria, Virginia, for Appellant. James Ashford Metcalfe, Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia, for Appellee.

ON BRIEF: Terri J. Harris, Law Offices of Marvin D. Miller, Alexandria, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Michael J. Elston, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellee.

Before: KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Reversed and remanded by published opinion. Judge KING wrote the opinion, in which Judge DUNCAN and Senior Judge HAMILTON joined.

KING, Circuit Judge.

Petitioner Jack Lavelton Nicholson, a federal inmate serving a sentence imposed in the Eastern District of Virginia, has been awarded a certificate of appealability (the "COA") on the district court's denial of his 28 U.S.C. § 2255 motion for a writ of habeas corpus. See Nicholson v. United States,<...

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