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DUNCAN v. U.S.

No. 06-5021.

552 F.3d 442 (2009)

Darryl Paul DUNCAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 9, 2009.

Attorney(s) appearing for the Case

ON BRIEF: David W. Camp, Law Office of David Camp, Jackson, Tennessee, for Appellant. R. Leigh Grinalds, Assistant United States Attorney, Jackson, Tennessee, for Appellee.

MARTIN, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. BATCHELDER, J. (p. 447), delivered a separate opinion concurring in the result.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This case presents the question whether the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), applies retroactively on collateral review to sentences imposed before Booker but after the Court decided Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004...

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