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BRASWELL v. SMITH

No. 19-6200.

952 F.3d 441 (2020)

Quentin Robert BRASWELL, Petitioner - Appellant, v. Donna M. SMITH, Respondent - Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 4, 2020.

Attorney(s) appearing for the Case

ARGUED: Jennifer Claire Leisten , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Evan Rikhye , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: G. Alan DuBois , Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Robert J. Higdon, Jr. , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge Thacker wrote the opinion, in which Judge Diaz and Judge Quattlebaum joined.

In United States v. Wheeler, this court set forth a four part test to determine whether an individual can seek relief from an erroneous sentence in a 28 U.S.C. § 2241 habeas corpus petition via the "savings clause" of 28 U.S.C. § 2255(e). 886 F.3d...

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