McKAY v. U.S.

No. 09-15099.

657 F.3d 1190 (2011)

Torey McKAY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 22, 2011.

Attorney(s) appearing for the Case

Mara Allison Guagliardo , Fed. Pub. Def., Tampa, FL, George Allen Couture , Asst. Fed. Pub. Def., Rosemary T. Cakmis , Fed. Pub. Def., Orlando, FL, for Appellant.

Yvette Rhodes , Tampa, FL, for Appellee.

Before MARCUS and ANDERSON, Circuit Judges, and ALBRITTON, District Judge.

MARCUS, Circuit Judge:

Torey McKay ("McKay") appeals the district court's denial of his motion to vacate, set aside, or correct his sentence, filed pursuant to 28 U.S.C. § 2255. In this first-time § 2255 motion, McKay asserts that he was erroneously sentenced as a career offender under U.S.S.G. § 4B1.1 because, in light of subsequent case law, his prior conviction for carrying a concealed weapon is not a "crime of violence" under U.S.S.G. § 4B1...


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