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GIBBS v. U.S.

No. 09-3702.

655 F.3d 473 (2011)

Larry J. GIBBS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 24, 2011.

Rehearing and Rehearing En Banc Denied October 6, 2011.

Attorney(s) appearing for the Case

ARGUED: Keith O'Korn , Westerville, Ohio, for Appellant. Benjamin C. Glassman , Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: Keith O'Korn , Westerville, Ohio, for Appellant. Benjamin C. Glassman , Assistant United States Attorney, Cincinnati, Ohio, for Appellee.

Before: NORRIS, GIBBONS, and GRIFFIN, Circuit Judges.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Larry Gibbs was convicted of conspiracy to distribute heroin and sentenced as a career offender to thirty years' imprisonment. In 1997, he filed a petition for a writ of habeas corpus on the grounds that a prior state conviction for narcotics possession had been improperly assessed as a predicate trafficking offense under the federal sentencing guidelines. This court denied his petition, finding that Gibbs...

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