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SPENCER v. U.S.

No. 10-10676.

773 F.3d 1132 (2014)

Kevin SPENCER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 14, 2014.

Attorney(s) appearing for the Case

Kimberly J. Johnson , Pope McGlamry Kilpatrick Morrison & Norwood, LLP, W. Bruce Maloy , Atlanta, GA, for Petitioner-Appellant.

Kevin Spencer, Jonesville, VA, pro se.

Peggy Morris Ronca , U.S. Attorney's Office, Orlando, FL, Michael A. Rotker , U.S. Department of Justice, Washington, DC, Robert E. O'Neill , U.S. Attorney's Office, Tampa, FL, Julie Hackenberry Savell , U.S. Attorney's Office, Jacksonville, FL, for Respondent-Appellee.

Before ED CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN and ROSENBAUM, Circuit Judges.

This appeal concerns whether a federal prisoner may relitigate an alleged misapplication of the advisory United States Sentencing Guidelines in a collateral attack on a final sentence. After he pleaded guilty to distributing cocaine and we affirmed the judgment against him, Kevin Spencer moved to vacate his sentence...

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