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CRADLER v. U.S.

No. 17-5046.

891 F.3d 659 (2018)

Larry CRADLER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 5, 2018.

Attorney(s) appearing for the Case

ARGUED: Needum L. Germany, FEDERAL PUBLIC DEFENDER, Memphis, Tennessee, for Appellant. Kevin G. Ritz, UNITED STATES ATTORNEY'S OFFICE, Memphis, Tennessee, for Appellee. ON BRIEF: Needum L. Germany, FEDERAL PUBLIC DEFENDER, Memphis, Tennessee, for Appellant. Kevin G. Ritz, UNITED STATES ATTORNEY'S OFFICE, Memphis, Tennessee, for Appellee.

KEITH, J., delivered the opinion of the court in which KETHLEDGE and THAPAR, JJ., joined. KETHLEDGE, J. (p. 672), delivered a separate concurring opinion.

OPINION

Petitioner-Appellant Larry Cradler ("Cradler") was sentenced as an armed career criminal pursuant to the Armed Career Criminal Act ("ACCA"). Cradler collaterally attacked his sentence through a motion filed pursuant to 28 U.S.C. § 2255, asking the district court to vacate his sentence and re...

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