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McCARTHAN v. DIR. OF GOODWILL INDUSTRIES-SUNCOAST

No. 12-14989.

851 F.3d 1076 (2017)

Dan Carmichael McCARTHAN, Petitioner-Appellant, v. DIRECTOR OF GOODWILL INDUSTRIES-SUNCOAST, INC., Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 14, 2017.

Attorney(s) appearing for the Case

Sonya Rudenstine , Law Office of Sonya Rudenstine, GAINESVILLE, FL, for Petitioner-Appellant.

Roberta Josephina Bodnar , U.S. Attorney's Office, ORLANDO, FL, Todd B. Grandy , Robert E. O'Neill , Sara C. Sweeney , TAMPA, FL, Lisa A. Hirsch , U.S. Attorney's Office, MIAMI, FL, for Respondent-Appellee.

David Charles Frederick , Jeffrey A. Love , Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., WASHINGTON, DC, Amicus Curiae for NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS.

Taylor A.R. Meehan , Bartlit Beck Herman Palenchar & Scott, LLP, CHICAGO, IL, Amicus Curiae for TAYLOR A.R. MEEHAN.

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

This appeal requires us to decide whether a change in caselaw entitles a federal prisoner to an additional round of collateral review of his sentence. Congress gives a federal prisoner like Dan McCarthan one opportunity to move to vacate his sentence unless that remedy is "inadequate or ineffective to test the legality...

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