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U.S. v. AGUILAR-DIAZ

No. 10-3808.

626 F.3d 265 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Mario AGUILAR-DIAZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 2, 2010.

Attorney(s) appearing for the Case

ARGUED: Carlos Warner , Office of the Federal Public Defender, Akron, Ohio, for Appellant. Daniel R. Ranke , Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Carlos Warner , Office of the Federal Public Defender, Akron, Ohio, Jeffrey B. Lazarus , Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Daniel R. Ranke , Assistant United States Attorney, Cleveland, Ohio, for Appellee.

ROGERS, J., delivered the opinion of the court, in which KETHLEDGE, J., joined. BATCHELDER, C.J. (p. 271), delivered a separate concurring opinion.

OPINION

ROGERS, Circuit Judge.

In calculating the advisory guidelines sentencing range for criminal defendant Mario Aguilar-Diaz, the district court below relied on a prior state conviction that Aguilar-Diaz contends should have been disregarded because the conviction was void rather than merely voidable under a line of Ohio case law. However, because Aguilar-Diaz's challenge amounts to a collateral attack on his state conviction that is not permitted by...

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