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U.S. v. MILLS

No. 13-7358.

773 F.3d 563 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Andrew MILLS, Sr., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 8, 2014.

Attorney(s) appearing for the Case

ON BRIEF: Benjamin M. Pickett , Moore & Van Allen PLLC, Charlotte, North Carolina; Adam H. Charnes , Richard D. Dietz , Kilpatrick Townsend & Stockton LLP, Winston-Salem, North Carolina, for Appellant. Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Judge MOTZ wrote the majority opinion, in which Senior Judge DAVIS joined. Judge FLOYD wrote a separate opinion dissenting in part and concurring in the judgment.

Thomas Andrew Mills, Sr. petitioned the district court for a certificate of actual innocence after his felon-in-possession conviction was vacated. A court may grant such a certificate, a prerequisite for recovering from the Government compensation for wrongful incarceration, only in those rare cases in which it...

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