IN RE THOMAS

No. 19-292.

988 F.3d 783 (2021)

IN RE: Dearnta Lavon THOMAS, a/k/a Bloody Razor, Movant.

United States Court of Appeals, Fourth Circuit.

Decided: February 23, 2021.


Attorney(s) appearing for the Case

Geremy C. Kamens , Federal Public Defender, Frances H. Pratt , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Movant. G. Zachary Terwilliger , United States Attorney, Daniel T. Young , Assistant United States Attorney, Alexandria, Virginia, Richard D. Cooke , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Respondent.

Motion granted by published opinion. Judge Richardson wrote the opinion, in which Judges Wilkinson and Agee concurred. Judge Wilkinson wrote a concurring opinion.


Dearnta Thomas seeks authorization to file a successive § 2255 application. His claim rests on the rule announced in Davis v. United States, ___ U.S. ___, 139 S.Ct. 2319, 204 L.Ed.2d 757 (2019) (finding that the residual clause of 18 U.S.C. § 924(c)'s crime-of-violence definition was unconstitutionally...

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