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GILBERT v. U.S.

No. 09-12513.

609 F.3d 1159 (2010)

Ezell GILBERT, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 21, 2010.

Attorney(s) appearing for the Case

George Allen Couture, Stephen J. Langs, Rosemary T. Cakmis, Fed. Pub. Defenders, Orlando, FL, for Petitioner-Appellant.

Linda Julin McNamara, Tampa, FL, for Respondent-Appellee.

Before DUBINA, Chief Judge, and MARTIN and HILL, Circuit Judges.

HILL, Circuit Judge:

Ezell Gilbert was sentenced for a crack cocaine offense in 1997. His sentence was enhanced based upon a finding by the district court that he was a career offender under the Sentencing Guidelines. He filed the instant motion to vacate his sentence which the district court denied. For the following reasons, we reverse, vacate Gilbert's sentence and remand for re-sentencing and other appropriate action.

I.

Ezell Gilbert was indicted...

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