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Home / Opinion Digests / Criminal Law / Criminal – Firearm ‘Use’ – Habeas Relief – Rule 48 (access required)

Criminal – Firearm ‘Use’ – Habeas Relief – Rule 48 (access required)

The 4th Circuit orders vacatur of a South Carolina defendant’s conviction for use of a firearm under 18 U.S.C. § 924(c), as a 1995 high-court case undercuts his conviction for “use” of a firearm based on his allegedly having reached for a handgun when police arrested him in 1990. In Bailey v. U.S., 516 U.S. 137 ...

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