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U.S. v. GREEN

No. 17-2906.

898 F.3d 315 (2018)

UNITED STATES of America v. Roy Allen GREEN, Appellant

United States Court of Appeals, Third Circuit.

Filed: August 6, 2018.

Attorney(s) appearing for the Case

Heidi R. Freese , Federal Public Defender, Frederick W. Ulrich [ARGUED], Assistant Federal Public Defender, Tammy L. Taylor , Staff Attorney, Office of Federal Public Defender, 100 Chestnut Street, Suite 306, Harrisburg, PA 17101 Counsel for Appellant.

John P. Cronan , Matthew S. Miner , John M. Pellettieri [ARGUED], U.S. Department of Justice, 950 Pennsylvania Ave, N.W., Rm. 1260, Washington, D.C. 20530, David J. Freed , Stephen R. Cerutti II , Office of United States Attorney, 228 Walnut Street, P.O. Box 11754, 250 Federal Building and Courthouse, Harrisburg, PA 17108, George J. Rocktashel , Office of United States Attorney, 240 West Third Street, Suite 316, Williamsport, PA 17701, Counsel for Appellee.

Before: CHAGARES, GREENBERG, and FUENTES, Circuit Judges.

OPINION

Roy Allen Green appeals the District Court's order dismissing his 28 U.S.C. § 2255 motion challenging his sentence arising from his conviction for assault with intent to commit murder. In setting Green's sentence, the District Court determined that he was a career offender under the residual clause...

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