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U.S. v. NICHOLS

No. 17-5580.

897 F.3d 729 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Larry D. NICHOLS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 30, 2018.

Attorney(s) appearing for the Case

ON BRIEF: Jennifer Niles Coffin , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. Steven S. Neff , UNITED STATES ATTORNEY'S OFFICE, Chattanooga, Tennessee, Debra A. Breneman , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

CLAY, J., delivered the opinion of the court in which SARGUS, D.J., joined. BATCHELDER, J. (pp. 738-46), delivered a separate dissenting opinion.

OPINION

Defendant Larry D. Nichols appeals from a corrected sentence entered by the district court in an amended judgment pursuant to 28 U.S.C. § 2255.1 For the reasons that follow, we VACATE Defendant's corrected sentence and REMAND with instructions for...

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