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Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Conspiracy

Loaded on June 15, 2023 by Douglas Ankney published in Criminal Legal News July, 2023, page 27
Filed under: Wrongful Conviction, Appeals/Appellate Jurisdiction, Cause and Prejudice, Hobbs Act. Location: North Carolina.

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit declined to enforce an appeal waiver where the defendant stood convicted and imprisoned for conduct that, due to developments in the law after he pleaded guilty, did not violate 18 U.S.C. § 924(c) and was not criminal, and ...

 

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  2. SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes, by Richard Resch
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