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SUN BEAR v. U.S.

No. 09-2992.

611 F.3d 925 (2010)

Marlon Dale SUN BEAR, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 20, 2010.

Attorney(s) appearing for the Case

Jana Miner, AFPD, argued, Pierre, SD (William A. Delaney, III, on the brief AFPD, Sioux, SD), for Appellant.

Eric D. Kelderman, argued, Pierre, SD, for Appellee.

Before BYE, MELLOY, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

Marlon Dale Sun Bear ("Sun Bear") appeals the district court's dismissal of his motion to vacate his sentence pursuant to 28 U.S.C. § 2255. Sun Bear asserts that his 360-month sentence, which included an enhancement for being a career offender under U.S. Sentencing Guidelines § 4B1.1, was improper in light of Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008). We reverse...

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