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FREEMAN v. WAINWRIGHT

No. 18-3913.

959 F.3d 226 (2020)

Damien FREEMAN, Petitioner-Appellant, v. Lyneal WAINWRIGHT, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 12, 2020.

Attorney(s) appearing for the Case

ARGUED: Katharine Mitchell-Tombras , COVINGTON & BURLING, LLP, Washington, D.C., for Appellant. Jerri Fosnaught , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: Katharine Mitchell-Tombras , COVINGTON & BURLING, LLP, Washington, D.C., for Appellant. Jerri Fosnaught , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

NALBANDIAN, J., delivered the opinion of the court in which NORRIS, J., joined. DONALD, J. (pp. 9-13), delivered a separate dissenting opinion.

OPINION

Missed deadlines are preventable and costly. So courts enforce them strictly. Unfortunately for Damien Freeman, that means the door to the federal courthouse is closed. This case presents a single question: does a limited resentencing that results in a better-than-before sentence constitute a new "judgment...

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