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U.S. v. VICKERS

No. 18-10940.

967 F.3d 480 (2020)

UNITED STATES of America, Plaintiff-Appellant v. Michael Dewayne VICKERS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED July 23, 2020.

Attorney(s) appearing for the Case

Amy Jeannine Mitchell , Leigha Amy Simonton , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellant.

James Matthew Wright , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Amarillo, TX, Kevin Joel Page , Federal Public Defender's Office, Northern District of Texas, Dallas, TX, for Defendant-Appellee.

Before SMITH, HIGGINSON, and ENGELHARDT, Circuit Judges.

The government appeals the district court's grant of Michael Dewayne Vickers's motion under 28 U.S.C. § 2255 and its subsequent judgment resentencing Vickers to 98 months in prison. The district court vacated Vickers's original sentence because it found that his Texas conviction for murder no longer qualified...

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