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McPHEARSON v. U.S.

No. 09-6509.

675 F.3d 553 (2012)

Martedis McPHEARSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 5, 2012.

Attorney(s) appearing for the Case

ARGUED: Russell Burke , Vanderbilt Law School, Nashville, Tennessee, for Appellant. James Powell , Assistant United States Attorney, Jackson, Tennessee, for Appellee. ON BRIEF: Alistair E. Newbern , Vanderbilt Law School, Nashville, Tennessee, for Appellant. James Powell , Assistant United States Attorney, Jackson, Tennessee, for Appellee.

Before: KEITH, BOGGS, and MOORE, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Martedis McPhearson ("McPhearson") appeals the denial of his motion to correct his sentence under 28 U.S.C. § 2255. In March 2007, a jury convicted McPhearson of knowingly possessing with the intent to distribute approximately 4.9 grams of cocaine base in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Upon the conclusion of direct review, McPhearson sought relief under § 2255, arguing...

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