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U.S. v. SOUTHERS

No. 15-6395.

866 F.3d 364 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Rodney SOUTHERS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 8, 2017.

Attorney(s) appearing for the Case

ON BRIEF: Dennis C. Belli , Columbus, Ohio, for Appellant. William A. Roach, Jr. , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

SUHRHEINRICH, J., delivered the opinion of the court in which BATCHELDER and STRANCH, JJ., joined. STRANCH, J. (pg. 371), delivered a separate concurring opinion.

OPINION

Defendant-Appellant Rodney Southers appeals the district court's finding at sentencing that he qualified as an armed career criminal under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), and claims, for the first time on direct appeal, that he had ineffective counsel at sentencing. For...

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