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Smith v. United States

United States District Court, District of South Carolina, Florence Division

January 12, 2015

Lionel Lewis Smith, PETITIONER
v.
United States of America, RESPONDENT

ORDER

TERRY L. WOOTEN CHIEF UNITED STATES DISTRICT JUDGE

The Court previously entered an order holding this case in abeyance pending the Fourth Circuit’s en banc review of the panel decision in Whiteside v. United States, 748 F.3d 541 (4th Cir. 2014). ECF No. 124. The Fourth Circuit has now issued its en banc opinion in the case. Whiteside v. United States, ___ F.3d ___, 2014 WL 7245453 (4th Cir. 2014) (en banc). According, the abeyance order is now lifted. The Government is directed to file its response to Petitioner’s § 2255 motion, ECF No. 122, within 30 days of the date of this order.

IT IS SO ORDERED.


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