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DAMON v. U.S.

No. 13-1098.

732 F.3d 1 (2013)

James DAMON, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

October 3, 2013.

Attorney(s) appearing for the Case

Virginia G. Villa , Assistant Federal Defender on brief for appellant.

Margaret D. McGaughey , Assistant United States Attorney, and Thomas E. Delahanty , United States Attorney, on brief for appellee.

Before HOWARD, STAHL and THOMPSON, Circuit Judges.

HOWARD, Circuit Judge.

After James Damon pleaded guilty to possession of a firearm by a felon, the district court determined that he had two prior felony convictions for a crime of violence and a controlled substance offense and accordingly sentenced him under a higher Guideline range. Two years later, in the wake of the Supreme Court's decision in Johnson v. United States, 559 U.S. 133, 130 S.Ct. 1265...

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