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WILLIAMS v. U.S.

No. 17-3211.

875 F.3d 803 (2017)

Brian D. WILLIAMS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 15, 2017.

Attorney(s) appearing for the Case

ARGUED: Jeffrey B. Lazarus , FEDERAL PUBLIC DEFENDER'S OFFICE, Cleveland, Ohio, for Appellant. Rebecca C. Lutzko , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee. ON BRIEF: Jeffrey B. Lazarus , FEDERAL PUBLIC DEFENDER'S OFFICE, Cleveland, Ohio, for Appellant. Robert E. Bulford , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee.

ROGERS, J., delivered the opinion of the court in which MOORE, J., joined in the result. MOORE, J. (pp. 807-09), delivered a separate opinion concurring in the judgment. MERRITT, J. (pp. 809-10), delivered a separate dissenting opinion.

OPINION

In this case the district court denied Brian Williams' motion to vacate his sentence under 28 U.S.C. § 2255. Williams received an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e) ("ACCA"), and he petitioned for relief in light of the Supreme Court's decision in Johnson...

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