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Home / Courts / 4th Circuit / Criminal Practice – New test established to invoke sentencing relief (access required)

Criminal Practice – New test established to invoke sentencing relief (access required)

An appellant seeking habeas relief under 28 U.S.C. § 2255 satisfied the requirements of the law’s savings clause because a retroactive change in 4th Circuit law – occurring after the time for direct appeal and the filing of his first § 2255 motion – rendered his applicable mandatory minimum unduly increased, resulting in a fundamental ...

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