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Whiteside v. U.S., No. 13-7152 (4th Cir.) (748 F.3d 541) (April 8, 2014) (Judge Roger L. Gregory)

Here a sharply divided Court held that the “erroneous application of the career offender enhancement amounts to a fundamental miscarriage of justice that can be corrected on collateral review” notwithstanding the provisions of 28 U.S.C. 2255(f)(1).

This is an important and potentially far reaching habeas corpus decision that …

 

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