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U.S. v. PRESCOTT

No. 99-6721.

221 F.3d 686 (2000)

UNITED STATES of American, Plaintiff-Appellee, v. John Fitzgerald PRESCOTT, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 2000.

Attorney(s) appearing for the Case

ARGUED: Christopher Eric Gatewood, Third-Year Law Student, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Andrew Clayton White, Assistant United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Neal L. Walters, Tamer Soliman, Third-Year Law Student, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Lynne A. Battaglia, United States Attorney, Baltimore, Maryland, for Appellee.

Before MOTZ, TRAXLER, and KING, Circuit Judges.

Affirmed by published opinion. Judge TRAXLER wrote the majority opinion, in which Judge DIANA GRIBBON MOTZ joined. Judge KING wrote a concurring opinion.

OPINION

TRAXLER, Circuit Judge:

John F. Prescott ("Prescott") appeals the district court's dismissal of his motion for collateral relief under 28 U.S.C.A. § 2255 (West Supp.2000). We affirm.

I.

On December 15, 1995, a jury convicted Prescott of possession of a firearm after...

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