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GARCIA-HERNANDEZ v. U.S.

No. 17-3027.

915 F.3d 558 (2019)

Gabriel Lazaro GARCIA-HERNANDEZ Petitioner-Appellant v. UNITED STATES of America Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 11, 2019.

Attorney(s) appearing for the Case

Neil Fulton , Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Pierre, SD, for Petitioner-Appellant.

Gabriel Lazaro Garcia-Hernandez, Welch, WV, Pro Se.

David D. Hagler , Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of North Dakota, Bismarck, ND, Megan A. Healy , Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of North Dakota, Fargo, ND, Rachael Steenholdt , FEDERAL PUBLIC DEFENDER'S OFFICE, Fargo, ND, for Respondent-Appellee.

Before WOLLMAN, ARNOLD, and BENTON, Circuit Judges.

Gabriel Lazaro Garcia-Hernandez was sentenced as an armed career criminal. He moved to vacate his sentence under 28 U.S.C. § 2255, invoking Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). The district court...

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