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U.S. v. MILLER

No. 16-2229.

868 F.3d 1182 (2017)

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

United States Court of Appeals, Tenth Circuit.

August 25, 2017.

Attorney(s) appearing for the Case

Stephen P. McCue , Federal Public Defender, Office of the Federal Public Defender, Albuquerque, New Mexico, for Appellant.

James R.W. Braun , Assistant United States Attorney ( Damon P. Martinez , United States Attorney, and James D. Tierney , Acting United States Attorney, with him on the briefs), Office of the United States Attorney, Albuquerque, New Mexico, for Appellee.

Before TYMKOVICH, Chief Judge, EBEL, and LUCERO, Circuit Judges.

Rodney Miller was sentenced as a career offender under the 1998 version of the Sentencing Guidelines, based in part on his prior conviction for a crime of violence. After the Supreme Court's decision in Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015)...

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