Monday, March 12, 2012

On a tie vote in the Fourth Circuit

In U.S. v. Foster, the Fourth Circuit denied a petition for rehearing by a 7-7 vote on an issue involving the Armed Career Criminal Act, with Judges Motz, King, Gregory, Davis, Keenan, Wynn, and Floyd in favor of rehearing, and Chief Judge Traxler and Judges Wilkinson, Niemeyer, Shedd, Duncan, Agee, and Diaz, and which is the subject of this Howard Bashman post.

It is interesting that Judge Diaz joined with Judge Wilkinson, et al, but Judge Floyd did not.

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