HAHN v. MOSELEY

No. 18-6283.

931 F.3d 295 (2019)

Marcus HAHN, Petitioner - Appellant, v. Warden Bonita MOSELEY, Federal Correctional Institution, Edgefield, South Carolina, Respondent - Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 24, 2019.


Attorney(s) appearing for the Case

ARGUED: Susan Michelle Pelletier , MUNGER, TOLLES & OLSON LLP, Washington, D.C., for Appellant. John Michael Pellettieri , OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee. ON BRIEF: Chad Golder , MUNGER, TOLLES & OLSON LLP, Washington, D.C., for Appellant. Brian A. Benczkowski , Assistant Attorney General, Matthew S. Miner , Deputy Assistant Attorney, General, Criminal Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Sherri A. Lydon , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Reversed and remanded with instructions by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Judge Thacker joined. Judge Wynn wrote a concurring opinion.


Petitioner-Appellant Marcus Hahn appeals the final order of the district court denying his petition for a writ of habeas corpus under 28 U.S.C. § 2241. Because Hahn's current sentence stems from faulty arithmetic based on a now-obsolete scheme of statutory interpretation, we conclude that Hahn's petition meets the requirements...

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