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HOWARD v. U.S.

No. 07-3447.

533 F.3d 472 (2008)

Tommy HOWARD, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 22, 2008.

Attorney(s) appearing for the Case

ON BRIEF: Timothy D. Oakley, Assistant United States Attorney, Cincinnati, Ohio, for Appellee. Tommy Howard, Marion, Illinois, pro se.

ROGERS, J., delivered the opinion of the court, in which SHADUR, D.J., joined. BOGGS, C.J. (pp. 476-77), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

After the district court denied his motion to vacate sentence, habeas petitioner Tommy Howard moved to alter or amend that judgment pursuant to Fed.R.Civ.P. 59(e) and for leave to amend his pleadings pursuant to Fed.R.Civ.P. 15. Howard asked that the denial be set aside so that he could amend his motion to vacate sentence to allege, for the first time, errors in his sentencing...

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