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HARRIS v. U.S.

No. 97-6788.

149 F.3d 1304 (1998)

Roy Anthony HARRIS, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 13, 1998.

Attorney(s) appearing for the Case

William R. King, Fed. Pub. Defender, Montgomery, AL, for Harris.

Redding Pitt, U.S. Atty., Montgomery, AL, for United States.

Before DUBINA and MARCUS, Circuit Judges, and HILL, Senior Circuit Judge.

MARCUS, Circuit Judge:

Appellant Harris was sentenced in the United States District Court for the Middle District of Alabama after pleading guilty to charges of distribution of marijuana and cocaine. Harris argues in this § 2255 petition that the district court erred in holding that he had procedurally defaulted his challenge to the court's jurisdiction to impose an enhanced sentence based on a prior conviction. We agree and therefore reverse and remand for re...

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