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GILBERT v. U.S.

No. 09-12513.

640 F.3d 1293 (2011)

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

United States Court of Appeals, Eleventh Circuit.

May 19, 2011.

Attorney(s) appearing for the Case

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

Michael A. Rotker , U.S. Dept. of Justice, Crim. Div., Washington, DC, David Paul Rhodes , U.S. Atty., Linda Julin McNamara , Asst. U.S. Atty., Tampa, FL, for U.S.

Before DUBINA, Chief Judge, and TJOFLAT, EDMONDSON, CARNES, BARKETT, HULL, MARCUS, PRYOR, MARTIN, HILL and BLACK, Circuit Judges.

CARNES, Circuit Judge:

Ezell Gilbert, a federal prisoner, wants to have an error of law in the calculation of his sentence corrected based upon a Supreme Court decision interpreting the sentencing guidelines, even though that decision was issued eleven years after he was sentenced. Gilbert insists that prisoners have a right to have errors in the calculation of their sentences corrected no matter how long it has been since the sentences were imposed. His insistence...

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