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HUFF v. U.S.

No. 10-3903.

734 F.3d 600 (2013)

Donavon E. HUFF, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 5, 2013.

Attorney(s) appearing for the Case

ARGUED: Michael M. Losavio , Louisville, Kentucky, for Appellant. Robert W. Kern , United States Attorney's Office, Cleveland, Ohio, for Appellee. ON BRIEF: Michael M. Losavio , Louisville, Kentucky, for Appellant. Robert W. Kern , United States Attorney's Office, Cleveland, Ohio, for Appellee.

Before: McKEAGUE and DONALD, Circuit Judges; LAWSON, District Judge.

OPINION

DAVID M. LAWSON, District Judge.

Donavon Huff appeals the denial of his motion to vacate his sentence, which he filed under 28 U.S.C. § 2255. Huff had pleaded guilty to various fraud and identity theft charges under a plea agreement in which the parties agreed, among other things, that the November 1, 2002 Sentencing Guideline Manual would be used to calculate his sentencing guideline range. The sentencing court, however, used a later version...

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