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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 addresses the ...

 

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