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U.S. v. FLUKER

No. 17-4690.

891 F.3d 541 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie Dean FLUKER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 5, 2018.

Attorney(s) appearing for the Case

ARGUED: Christine Madeleine Lee, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Roanoke, Virginia, for Appellant. Jean Barrett Hudson, OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee. ON BRIEF: Larry W. Shelton, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Roanoke, Virginia, for Appellant. Thomas T. Cullen, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Agee wrote the opinion, in which Judge King and Judge Harris joined.

Following a successful 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence, Eddie Dean Fluker was resentenced to 308 months' imprisonment. Fluker appeals, arguing principally that the district court improperly designated him as a career offender under the 2016 United States Sentencing Guidelines Manual...

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