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U.S. v. MOONEY

No. 06-7565.

497 F.3d 397 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. John David MOONEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 6, 2007.

Attorney(s) appearing for the Case

ARGUED: Meghan Mary Poirier, Third-Year Law Student, Wake Forest University, School of Law, Winston-Salem, North Carolina, for Appellant. Miller A. Bushong, III, Assistant United States Attorney, Office Of The United States Attorney, Beckley, West Virginia, for Appellee. ON BRIEF: John J. Korzen, Wake Forest University, School of Law, Winston-Salem, North Carolina, for Appellant. Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellee.

Before NIEMEYER and GREGORY, Circuit Judges, and DAVID C. NORTON, United States District Judge for the District of South Carolina, sitting by designation.

Reversed, judgment of conviction and sentence vacated, and case remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge GREGORY and Judge NORTON joined.

OPINION

NIEMEYER, Circuit Judge.

In this proceeding under 28 U.S.C. § 2255, John Mooney presented evidence that on August 4, 2002, in Huntington, West Virginia, he seized a firearm from his ex-wife in self-defense, when his ex...

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