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HIGDON v. U.S.

No. 17-5027.

882 F.3d 605 (2018)

Daryl Lynn HIGDON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 13, 2018.

Attorney(s) appearing for the Case

ARGUED: Jennifer Niles Coffin , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. Luke A. McLaurin , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee. ON BRIEF: Rosana E. Brown , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. Luke A. McLaurin , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

Before: GRIFFIN, KETHLEDGE, and BUSH, Circuit Judges.

OPINION

Daryl Higdon was sentenced as an armed career criminal based in part on a North Carolina conviction for discharging a firearm into an occupied structure. The question here is whether that offense — which requires an application of force to an occupied structure, but not to the occupants themselves...

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