Free US Court of Appeals for the Fourth Circuit case summaries from Justia.
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February 24, 2021 |
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US Court of Appeals for the Fourth Circuit Opinions | | In re: Dearnta Thomas | | Docket: 19-292 Opinion Date: February 23, 2021 Judge: Richardson Areas of Law: Criminal Law | | Movant seeks authorization to file a successive 28 U.S.C. 2255 application based on the holding in Davis v. United States, 139 S. Ct. 2319 (2019), that the residual clause of 18 U.S.C. 924(c)'s crime-of-violence definition was unconstitutionally vague. The Fourth Circuit joined its sister circuits in holding that Davis applies retroactively to cases on collateral review. The court also found that movant has stated a plausible claim for relief that warrants review by a district court. Accordingly, the court granted the motion. | | |
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