GABRION v. UNITED STATES

No. 18-2382.

43 F.4th 569 (2022)

Marvin Charles GABRION, II, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 4, 2022.


Attorney(s) appearing for the Case

ARGUED: Monica Foster , INDIANA FEDERAL COMMUNITY DEFENDERS, INC., Indianapolis, Indiana, for Appellant. Timothy P. VerHey , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee. ON BRIEF: Monica Foster , Jean E. Giles , Joseph M. Cleary , INDIANA FEDERAL COMMUNITY DEFENDERS, INC., Indianapolis, Indiana, Scott Graham , SCOTT GRAHAM PLLC, Portage, Michigan, for Appellant. Timothy P. VerHey , Jennifer L. McManus , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.

BATCHELDER, J., delivered the opinion of the court in which GIBBONS, J., joined. MOORE, J. (pp. 590-94), delivered a separate opinion concurring in part and dissenting in part.


OPINION

This is an appeal from the denial of a 28 U.S.C. § 2255 motion for relief. We granted a certificate of appealability (COA) on four issues: an ineffective-assistance-of-counsel (IAC) claim concerning an alleged conflict of interest, a Brady claim concerning the FBI's method of analyzing...

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