U.S. v. McRAE

No. 13-6878.

793 F.3d 392 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Madison Duane McRAE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 13, 2015.


Attorney(s) appearing for the Case

ARGUED: Robert Leonard Littlehale, III , Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, D.C., for Appellant. William Michael Miller , Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: William Blaise Warren , Molissa H. Farber , Diana V. Valdivia , Nathaniel D. Cullerton , Washington, D.C., Alexandra R. Clark , Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, New York, for Appellant. Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, Amy E. Ray , Assistant United States Attorney, Office of the United States Attorney, Asheville, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge GREGORY wrote the majority opinion, in which Judge WYNN joined. Judge WYNN wrote a separate concurring opinion. Judge MOTZ wrote a dissenting opinion.


Appellant Madison Duane McRae was convicted of four drug-related charges on September 14, 2005. After an unsuccessful appeal and a pro se attempt to have his sentence vacated, corrected, or set aside under 28 U.S.C. § 2255, McRae filed a pro se motion with the district court entitled "Motion for Relief from Judgment...

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