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U.S. v. WHEELER

No. 16-6073.

886 F.3d 415 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Adrian WHEELER, a/k/a Bay-Bay, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 28, 2018.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. Eric J. Feigin , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Ross Richardson , Federal Public Defender, Interim, FEDERAL PUBLIC DEFENDER WESTERN DISTRICT OF NORTH CAROLINA, Charlotte, North Carolina, for Appellant. Noel J. Francisco , Solicitor General, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Jill Westmoreland Rose , United States Attorney, Charlotte, North Carolina, Amy E. Ray , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Thacker wrote the opinion, in which Judge King and Judge Floyd joined.

In the district court, Gerald Wheeler ("Appellant") sought to have his habeas corpus petition heard on the merits by means of the "savings clause" per 28 U.S.C. § 2255(e). The savings clause provides that an individual may seek relief from an illegal detention by way of a traditional...

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