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RIVERA v. U.S.

Docket No. 11-5155-pr.

716 F.3d 685 (2013)

John RIVERA aka Hubert Coleman, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 24, 2013.

Attorney(s) appearing for the Case

Kevin J. Keating , ( Matthew W. Brissenden , on the brief), Law Offices of Kevin J. Keating, Garden City, New York, for Petitioner-Appellant.

Una A. Dean , Assistant United States Attorney ( Emily Berger , Assistant United States Attorney, on the brief), for Loretta E. Lynch , United States Attorney for the Eastern District of New York, Brooklyn, New York, for Respondent-Appellee.

Before: SACK, CHIN, and LOHIER, Circuit Judges.

CHIN, Circuit Judge:

On June 14, 2005, after pleading guilty to possession of a firearm after having been convicted of a felony, petitioner-appellant John Rivera was sentenced pursuant to the Armed Career Criminal Act of 1984 ("ACCA"), 18 U.S.C. § 924(e), to a mandatory minimum term of imprisonment of fifteen years. Rivera filed a motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence, arguing that changes in state law that lowered...

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