U.S. v. SURRATT

No. 14-6851.

797 F.3d 240 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond Roger SURRATT, Jr., Defendant-Appellant. Steven Harris Goldblatt, Court-Assigned Amicus Counsel, National Association of Criminal Defense Lawyers; Douglas A. Berman, Professor, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 31, 2015.


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. Erika L. Maley , Sidley Austin LLP, Washington, D.C., for Amici Curiae. Steven Harris Goldblatt , Georgetown University Law Center, Washington, D.C., as Court-Assigned Amicus Counsel. ON BRIEF: Ross Hall Richardson , Executive Director, Joshua B. Carpenter , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Office of the United States Attorney, Asheville, North Carolina, for Appellee. Douglas A. Berman , Professor of Law, The Ohio State University, Columbus, Ohio; Jeffrey T. Green , Kimberly A. Leaman , Sidley Austin LLP, Washington, D.C., for Amici Curiae. Ruthanne M. Deutsch , Supervising Attorney, Utsav Gupta , Student Counsel, William Hornbeck , Student Counsel, Meredith Wood , Student Counsel, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Court-Assigned Amicus Counsel.

Affirmed by published opinion. Judge AGEE wrote the majority opinion, in which Chief Judge Traxler joined. Judge GREGORY wrote a dissenting opinion.


In 2005, after pleading guilty to conspiracy to distribute cocaine, Raymond Surratt was sentenced to life imprisonment. We affirmed his conviction and sentence on appeal, and Surratt's motion to vacate his conviction and sentence under 28 U.S.C. § 2255 was likewise denied. Neither Surratt's direct appeal nor his §...

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