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U.S. v. DANIELS

No. 08-30558 Summary Calendar.

588 F.3d 835 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Danny DANIELS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 16, 2009.

Attorney(s) appearing for the Case

Cristina Walker, Asst. U.S. Atty., Shreveport, LA, for U.S.

Danny Daniels, Seagoville, TX, pro se.

Before HIGGINBOTHAM, CLEMENT and SOUTHWICK, Circuit Judges.

PER CURIAM:

Danny Daniels, federal prisoner # 29395-179, seeks relief under 28 U.S.C. § 2255. The district court denied Daniels's collateral attack, but this court granted a certificate of appealability (COA) on the limited issue "whether he should be resentenced because one of the offenses upon which his career offender status was based has been invalidated."1 We now affirm, holding that Daniels should not be resentenced.

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