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UNITED STATES v. WATERS

No. 19-7240.

64 F.4th 199 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Bradford WATERS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 30, 2023.

Attorney(s) appearing for the Case

ARGUED: Paresh S. Patel, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenbelt, Maryland, for Appellant. Benjamin Neale Garner, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee. ON BRIEF: James Wyda, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Baltimore, Maryland, for Appellant. Adair F. Boroughs, United States Attorney, Columbia, South Carolina, Derek A. Shoemake, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Florence, South Carolina, for Appellee.

Vacated and remanded by published opinion. Judge Wilkinson wrote the opinion, in which Judge Agee joined. Judge Wynn wrote a separate concurring opinion.

This case requires us to decide whether Rehaif v. United States, ___ U.S. ___, 139 S.Ct. 2191, 204 L.Ed.2d 594 (2019), applies retroactively to cases on collateral review through an initial 28 U.S.C. § 2255 motion. We conclude that because Rehaif announced a new substantive rule that "narrow[s] the scope...

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