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U.S. v. WIESE

No. 17-50445.

896 F.3d 720 (2018)

United States of America, Plaintiff-Appellee v. Eddie Ray WIESE, Jr., also known as Eddie Ray Weise, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised August 14, 2018.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, Zachary Carl Richter , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, Austin, TX, for Plaintiff-Appellee.

Bradford W. Bogan , Assistant Federal Public Defender, Maureen Scott Franco, Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before: DAVIS, HAYNES, and DUNCAN, Circuit Judges.

We granted Eddie Ray Wiese, Jr. a certificate of appealability on his successive habeas corpus motion. He argues that his sentence should not have been enhanced under the Armed Career Criminal Act ("ACCA"). Because Wiese had not established a jurisdictional predicate for his successive habeas motion at the district court level...

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