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MILLER v. U.S.

No. 13-6254.

735 F.3d 141 (2013)

Gordon Lee MILLER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Richard Donald Dietz, Court-Assigned Amicus Counsel.

United States Court of Appeals, Fourth Circuit.

Decided: August 21, 2013.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Amy Elizabeth Ray, Office of the United States Attorney, Asheville, North Carolina, for Appellee.

Richard Donald Dietz, Kilpatrick Townsend & Stockton, LLP, Winston-Salem, North Carolina, for Court-Assigned Amicus Counsel. ON BRIEF: Henderson Hill, Executive Director, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant.

Anne M. Tompkins, United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge FLOYD wrote the opinion, in which Judge KING and Judge DIAZ joined. Judge KING wrote a separate concurring opinion.

FLOYD, Circuit Judge:

Petitioner Gordon Lee Miller appeals the dismissal of his 28 U.S.C. § 2255 motion to vacate his conviction for violating 18 U.S.C. § 922(g)(1)—possession of a firearm by a convicted felon. Miller was convicted for a single count of possession of a firearm by a convicted felon. Four years later, Miller filed a motion to vacate his conviction pursuant to 28 U.S.C. § 2255, arguing that under this Court's decision in United...

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