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United States v. Martin

United States District Court, Fourth Circuit

December 27, 2013

UNITED STATES OF AMERICA,
v.
TA-THASIO MARTIN Civil No. JFM-13-3001

MEMORANDUM

J. FREDERICK MOTZ, District Judge.

Ta-Thasio Martin has filed this motion under 28 U.S.C. ยง2255. He contends that this court erred by using a facts based "modified categorical approach" in determining that he was an armed career criminal in violation of the recent Supreme Court decision in Descamps v. United States.

It may be that Martin is correct on the merits. However, he does not contest, as argued by the government, that his motion is untimely. Until and unless the Descamps decision is ruled to be retroactive and that persons being held in custody are entitled to release, Martin's motion must be denied.


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