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WILLIAMS v. U.S.

No. 17-3211.

924 F.3d 922 (2019)

Brian D. WILLIAMS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 24, 2019.

Attorney(s) appearing for the Case

REARGUED EN BANC: Jeffrey B. Lazarus , FEDERAL PUBLIC DEFENDER'S OFFICE, Cleveland, Ohio, for Appellant. Michael A. Rotker , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON SUPPLEMENTAL BRIEF: Jeffrey B. Lazarus , FEDERAL PUBLIC DEFENDER'S OFFICE, Cleveland, Ohio, for Appellant. Michael A. Rotker , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Rebecca C. Lutzko , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee.

The court delivered a PER CURIAM opinion. ROGERS, J. (pp. 923-24), delivered a separate concurring opinion.

OPINION

After pleading guilty to a felon in possession of a firearm charge, Brian Williams was sentenced as a career offender under the Armed Career Criminal Act ("ACCA") because of three previous qualifying convictions. See 18 U.S.C. § 924(e). Relevant here, Williams had been convicted previously of attempted felonious...

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