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ABERNATHY v. WANDES

No. 10-1252.

713 F.3d 538 (2013)

Gary ABERNATHY, Petitioner-Appellant, v. Warden Julie WANDES, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

April 8, 2013.

Attorney(s) appearing for the Case

Jill M. Wichlens , Assistant Federal Public Defender ( Raymond P. Moore , Federal Public Defender, with her on the briefs), Denver, CO, for Petitioner-Appellant.

Michael A. Rotker , Attorney, Appellate Section, United States Department of Justice, Criminal Division ( Lanny A. Breuer , Assistant Attorney General; Greg D. Andres , Acting Deputy Assistant Attorney General; John F. Walsh , United States Attorney; and Paul Farley , Assistant United States Attorney, with him on the briefs), Washington D.C. and Denver, CO, for Respondent-Appellee.

Before HARTZ, EBEL, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Petitioner Gary Abernathy, a federal prisoner, appeals from the judgment of the United States District Court for the District of Colorado, which dismissed his 28 U.S.C. § 2241 petition for a writ of habeas corpus. By way of § 2241, Mr. Abernathy seeks to have an alleged error of law in the calculation of his sentence corrected based upon a subsequently issued Supreme Court decision interpreting the Armed Career Criminal Act ("ACCA...

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