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ABDUR'RAHMAN v. COLSON

No. 09-5307.

649 F.3d 468 (2011)

Abu-Ali ABDUR'RAHMAN, Petitioner-Appellant, v. Roland COLSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 17, 2011.

Attorney(s) appearing for the Case

ARGUED: Thomas C. Goldstein , Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., for Appellant. Joseph F. Whalen, III , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Thomas C. Goldstein , Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., Bradley A. MacLean , Office of the Post-Conviction Defender, Nashville, Tennessee, William P. Redick, Jr. , Whites Creek, Tennessee, for Appellant. Joseph F. Whalen, III , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

SILER, J., delivered the opinion of the court, in which BATCHELDER, C.J., joined. COLE, J. (pp. 478-83), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

In 1987, Abu-Ali Abdur'Rahman was convicted of first-degree murder, assault with intent to commit first-degree murder, and armed robbery. He now appeals the district court's denial of relief on his Rule 60(b) motion. For the following reasons, we AFFIRM.

BACKGROUND

On February 16, 1986, Abdur'Rahman purchased marijuana from Patrick Daniels and Norma Norman at the couple's shared apartment in Nashville...

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