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U.S. v. FOOTE

No. 13-7841.

784 F.3d 931 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Wesley Devon FOOTE, Defendant-Appellant, North Carolina Advocates For Justice, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 27, 2015.

Attorney(s) appearing for the Case

ARGUED: John Clark Fischer, Randolph & Fischer, Winston-Salem, North Carolina, for Appellant. Ripley Eagles Rand, Office of the United States Attorney, Greensboro, North Carolina, for Appellee. Jaclyn Lee DiLauro, Hogan Lovells U.S. LLP, Washington, D.C., for Amicus Curiae. ON BRIEF: Michael F. Joseph, Assistant United States Attorney, Office of the United States Attorney, Greensboro, North Carolina, for Appellee. Noell Tin, Tin Fulton Walker & Owen, PLLC, Charlotte, North Carolina; Neal Kumar Katyal, Hogan Lovells U.S. LLP, Washington, D.C., for Amicus Curiae.

Affirmed by published opinion. Judge THACKER wrote the opinion, in which Judge DUNCAN and Judge KEENAN joined.

Wesley Devon Foote ("Appellant") appeals the district court's denial of his petition for collateral relief filed pursuant to 28 U.S.C. § 2255. The district court concluded that Appellant's petition, which was based on the argument that his career offender designation was later nullified under our decision in United...

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