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OLIVER v. U.S.

No. 17-2880, No. 17-2902.

951 F.3d 841 (2020)

Ralph OLIVER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Ryan Ross, Petitioner-Appellant, v. United States of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 4, 2020.

Attorney(s) appearing for the Case

Peter W. Henderson , Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Urbana, IL, Thomas W. Patton , Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Peoria, IL, for Petitioner-Appellant RALPH OLIVER.

Nathaniel Whalen , Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Hammond, IN, for Respondent-Appellee.

Ishan Bhabha , Tassity Johnson, Attorneys, JENNER & BLOCK LLP, Washington, DC, Barry Levenstam , Attorney, JENNER & BLOCK LLP, Chicago, IL, for Petitioner-Appellant RYAN ROSS.

Before HAMILTON, BRENNAN, and SCUDDER, Circuit Judges.

In 2011, petitioners Ralph Oliver and Ryan Ross pleaded guilty to violating 18 U.S.C. § 924(c) for brandishing a firearm during a "crime of violence"—theft from a federally licensed firearms dealer, 18 U.S.C. § 922(u). In 2016, both filed motions under 28 U.S.C. § 2255 to vacate their § 924(c)...

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