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U.S. v. NICHOLSON

No. 08-6347.

611 F.3d 191 (2010)

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

United States Court of Appeals, Fourth Circuit.

Decided: July 12, 2010.

Attorney(s) appearing for the Case

ARGUED: Marvin David Miller, Law Office of Marvin D. Miller, Alexandria, Virginia, for Appellant. James Ashford Metcalfe, Office of the United States Attorney, Norfolk, Virginia, for Appellee. ON BRIEF: Heather Golias, Law Office of Marvin D. Miller, Alexandria, Virginia, for Appellant. Dana J. Boente, Acting United States Attorney, Alexandria, Virginia, for Appellee.

Reversed and remanded by published opinion. Judge KING wrote the majority opinion, in which Judge DUNCAN joined. Judge KEELEY wrote an opinion concurring in part and dissenting in part.

OPINION

KING, Circuit Judge:

Jack Lavelton Nicholson has twice been denied 28 U.S.C. § 2255 habeas corpus relief in the Eastern District of Virginia— and has twice appealed—on his claim that he was deprived of his Sixth Amendment right to effective assistance of counsel because his lawyer had an actual conflict of interest. More specifically, Nicholson maintains that, during his sentencing proceedings on a federal firearm offense, his...

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