U.S. v. TUCKER

Nos. 08-6964, 08-7704.

603 F.3d 260 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas Omar TUCKER, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Nicholas Omar Tucker, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 30, 2010.


Attorney(s) appearing for the Case

ARGUED: Dean Razavi, Third Year Law Student, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. William Jacob Watkins, Jr., Office of the United States Attorney, Greenville, South Carolina, for Appellee. ON BRIEF: Neal L. Walters, Ellen Valentine, Third Year Law Student, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Kevin F. McDonald, Acting United States Attorney, Columbia, South Carolina, for Appellee.

Vacated and remanded by published opinion. Judge SHEDD wrote the opinion, in which Judge NIEMEYER and Judge BEATY joined.


OPINION

SHEDD, Circuit Judge:

Nicholas Omar Tucker, a federal inmate, filed a motion pursuant to 28 U.S.C. § 2255 alleging that his counsel provided ineffective assistance by (1) failing to object to the use of his misdemeanor assault and battery conviction as a predicate offense for purposes of designating him as an armed career criminal and (2) failing to appeal his sentence on that ground. The district court denied the motion on the basis that Tucker...

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