PHILLIPS v. U.S.

No. 14-11960.

849 F.3d 988 (2017)

Elroy A. PHILLIPS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 23, 2017.


Attorney(s) appearing for the Case

Ashley M. Litwin , Marc David Seitles , Seitles & Litwin, PA, Miami, FL, for Petitioner-Appellant.

Lisa Tobin Rubio , Kathleen Mary Salyer , Wifredo A. Ferrer , Emily M. Smachetti , Miami, FL, Rolando Garcia , Janice Le Clainche , Ann Marie Christine Villafana , West Palm Beach, FL, U.S. Attorney's Office, David M. Lieberman , U.S. Department of Justice, Criminal Division, Appellate Section, Washington, DC, for Respondent-Appellee.

Before MARCUS, DUBINA, and WALKER, Circuit Judges.


This is an appeal from the district court's order denying Elroy Phillips's ("Phillips") motion to vacate his sentence pursuant to 28 U.S.C. § 2255. We granted Phillips a certificate of appealability ("COA") pursuant to 28 U.S.C. § 2253. After conducting oral argument, reading the parties' briefs, and reviewing the...

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