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NARVAEZ v. U.S.

No. 09-2919.

641 F.3d 877 (2011)

Luis M. NARVAEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 3, 2011.

Attorney(s) appearing for the Case

Brandon M. Duncomb (argued), Attorney, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IL, for Petitioner-Appellant.

Michael A. Rotker (argued), Attorney, Department of Justice, Criminal Division, Washington, DC, for Respondent-Appellee.

Before RIPPLE, KANNE and SYKES, Circuit Judges.

RIPPLE, Circuit Judge.

In 2003, Luis Narvaez pleaded guilty to bank robbery, a violation of 18 U.S.C. § 2113(a). The district court sentenced Mr. Narvaez as a career offender under the United States Sentencing Guidelines § 4B1.1 because his record revealed two prior escape convictions involving failure to return to confinement, violations of Wisconsin Statute section 946.42(3)(a). Mr. Narvaez later filed a motion to vacate his sentence under 28 U.S.C. &...

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