Miller v. United States, No. 13-6254 (4th Cir. 2013)
Annotate this CasePetitioner was convicted of a single count of possession of a firearm by a convicted felon. Petitioner filed a motion to vacate his conviction pursuant to 28 U.S.C. 2255 four years later, in light of the court's decision in United States v. Simmons. In Simmons, the court held that a defendant's prior conviction for which he could not have received more than a year in prison under North Carolina's mandatory Structured Sentencing Act, N.C. Gen. Stat. 15A-1340.17, was not "punishable" by more than one year in prison and was not a felony offense for purposes of federal law. The court vacated petitioner's conviction and remanded with instructions to the district court to grant his petition because Simmons announced a new substantive rule that was retroactive on collateral review.
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