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FLINT v. JORDAN

No. 06-11867.

514 F.3d 1165 (2008)

Lorenzo FLINT, Petitioner-Appellant, v. Warden Martha L. JORDAN, Attorney General of the State of Alabama, D.B. Drew, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 22, 2008.

Attorney(s) appearing for the Case

Ed. R. Haden (Court-Appointed), Balch & Bingham, LLP, Birmingham, AL, for Flint.

Michael A. Rotker, U.S. Dept. of Justice, Crim. Div., Washington, DC, Jenny Lynn Smith, Joyce White Vance, Asst. U.S. Atty., Birmingham, AL, for Jordan.

Before BIRCH, CARNES and COX, Circuit Judges.

CARNES, Circuit Judge:

Lorenzo Flint was convicted in 1993 of conspiring to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. § 846, and of possessing with the intent to distribute 50 grams or more of cocaine base, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841(a)(1). At sentencing his criminal history category was increased from III to IV by inclusion of a 1986 conviction in the state...

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