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SLUSSER v. VEREEN

No. 19-7482.

36 F.4th 590 (2022)

Larry Michael SLUSSER, Petitioner-Appellant, v. Acting Warden VEREEN, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 10, 2022.

Attorney(s) appearing for the Case

ARGUED: Reedy Charles Swanson , HOGAN LOVELLS US LLP, Washington, D.C., for Appellant. Leesa Washington , OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. ON BRIEF: Peter M. McCoy, Jr. , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Affirmed by published opinion. Judge Rushing wrote the majority opinion, in which Senior Judge Gibney joined. Judge King wrote a dissenting opinion.

After the Supreme Court held the residual clause of the Armed Career Criminal Act (ACCA) unconstitutional in Johnson v. United States, 576 U.S. 591, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), Larry Slusser, a federal prisoner, received authorization to file a second 28 U.S.C. § 2255...

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