555 U. S. ____ (2009)

LAWRENCE W. NELSON, aka ZIKEE v.UNITED STATES

on petition for writ of certiorari to the united states court of appeals for the fourth circuit

Justice Breyer, with whom Justice Alito joins, concurring in the judgment.

The Solicitor General confessed that the U. S. Court of Appeals for the Fourth Circuit erred. Given the nature of the error, and in light of the Solicitor General’s confession, I would grant the petition for certiorari, vacate the judgment of the Court of Appeals, and remand for further proceedings.