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U.S. v. FOLK

No. 18-1865.

954 F.3d 597 (2020)

UNITED STATES of America v. Omar Sierre FOLK, Appellant.

United States Court of Appeals, Third Circuit.

Filed: April 3, 2020.

Attorney(s) appearing for the Case

Philip Gelso , Law Offices of Philip Gelso, 63 Pierce Street, Kingston, PA 18704, Counsel for Appellant Omar Sierre Folk.

David J. Freed , United States Attorney, Eric Pfisterer , Deputy Chief, Criminal Division (Harrisburg), Michael A. Consiglio , Kate L. Mershimer , Office of the United States Attorney, 228 Walnut Street, P.O. Box 11754, 220 Federal Building and Courthouse, Harrisburg, PA 17108, Counsel for Appellee United States of America.

Before: HARDIMAN, PORTER, and PHIPPS, Circuit Judges.

OPINION OF THE COURT

Omar Sierre Folk appeals the District Court's order denying his Rule 59(e) motion to alter or amend the judgment denying his motion under 28 U.S.C. § 2255. He argues that the District Court enhanced his sentence based on an incorrect career-offender designation under the advisory Sentencing...

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