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U.S. v. PULLEN

No. 17-3194.

913 F.3d 1270 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby G. PULLEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED January 29, 2019.

Attorney(s) appearing for the Case

Daniel T. Hansmeier , Appellate Chief, Kansas Federal Public Defender ( Melody Brannon , Federal Public Defender, and Kirk Redmond , First Assistant Federal Public Defender), Kansas City, Kansas, for Defendant-Appellant.

Jared S. Maag , Assistant United States Attorney ( Thomas E. Beall , former United States Attorney; Stephen R. McAllister , United States Attorney; and James A. Brown , Assistant United States Attorney, with him on the briefs), Topeka, Kansas, for Plaintiff-Appellee.

Before McHUGH, MORITZ, and EID, Circuit Judges.

The district court sentenced Bobby G. Pullen as a career offender pursuant to United States Sentencing Guidelines Manual ("USSG") § 4B1.1 at a time when the Sentencing Guidelines were mandatory. In 2015, the Supreme Court decided Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551<...

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