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DAVIS v. U.S.

Case No. 17-5659.

900 F.3d 733 (2018)

Jeremiah DAVIS, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 16, 2018.

Attorney(s) appearing for the Case

ARGUED: Luke A. McLaurin , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellant. Laura E. Davis , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellee. ON BRIEF: Luke A. McLaurin , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellant. Laura E. Davis , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellee.

BEFORE: GILMAN, GIBBONS, and THAPAR, Circuit Judges.

OPINION

The government appeals the district court's grant of habeas relief to Jeremiah Davis. Because Tennessee reckless aggravated assault, § 39-13-102(a)(1), is a crime of violence under the use-of-force clause of the Armed Career Criminal Act (the "ACCA") and the...

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