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Home / Opinion Digests / Criminal Law / Simmons Retroactive, Court Vacates Gun Conviction (access required)

Simmons Retroactive, Court Vacates Gun Conviction (access required)

The 4th Circuit retroactively applies its Simmons decision narrowing the class of offenders and range of conduct subject to punishment under 18 U.S.C. § 922(g)(1) for possession of a firearm as a felon, and vacates a defendant’s conviction and remands for the district court to grant his post-conviction § 2255  motion. At the time of defendant’s ...

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