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UNITED STATES v. GREEN

No. 16-7168.

67 F.4th 657 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Andra G. GREEN, a/k/a Giz, a/k/a Gizzle, a/k/a A. Gizzle, a/k/a Andra Gabrael Green, a/k/a Andra Gabriel Green, Jr., a/k/a A.J., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 16, 2023.

Attorney(s) appearing for the Case

ARGUED: Caleb Grant , UNIVERSITY OF GEORGIA SCHOOL OF LAW, Athens, Georgia, for Appellant. Joseph Attias , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Thomas V. Burch , Appellate Litigation Clinic, UNIVERSITY OF GEORGIA SCHOOL OF LAW, Athens, Georgia, for Appellant. Jessica D. Aber , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wynn and Judge Thacker joined.

In 2011, Andra Green pled guilty to two counts of using a firearm to commit murder in the course of a "crime of violence," in violation of 18 U.S.C. § 924(j). In 2016, he filed a pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. In the motion, he cited the Supreme Court's decision...

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