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IN RE MOORE

No. 19-2076.

955 F.3d 384 (2020)

IN RE: John Henry MOORE, Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: April 9, 2020.

Attorney(s) appearing for the Case

ARGUED: Melissa Susanne Baldwin , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Petitioner. Anthony Joseph Enright , OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Respondent. ON BRIEF: Anthony Martinez , Federal Public Defender, John Parke Davis , First Assistant Federal Public Defender, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Petitioner. R. Andrew Murray , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Respondent.

Petition denied by published opinion. Judge Harris wrote the opinion, in which Judge King and Judge Richardson joined.

Judge Robert J. Conrad was to preside over the criminal trial of John Henry Moore when the parties learned that Judge Conrad had prosecuted Moore successfully for bank robbery in 1989. If Moore's current trial ends in conviction, then the facts surrounding his 1989 bank robbery conviction could become relevant at sentencing...

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