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MCCORMICK v. BUTLER

No. 17-6331.

977 F.3d 521 (2020)

Kevin J. MCCORMICK, Petitioner-Appellant, v. Sandra BUTLER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 6, 2020.

Attorney(s) appearing for the Case

ARGUED: Kirti Datla , HOGAN LOVELLS US LLP, Washington, D.C., for Appellant. Kyle M. Melloan , UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee. ON BRIEF: Kirti Datla , HOGAN LOVELLS US LLP, Washington, D.C., for Appellant. Kyle M. Melloan , Charles P. Wisdom, Jr. , UNITED STATES ATTORNEY'S OFFICE, Lexington, Kentucky, for Appellee. Kevin J. McCormick, Manchester, Kentucky, pro se.

Before: GRIFFIN, STRANCH, and DONALD, Circuit Judges.

OPINION

The district court sentenced Petitioner Kevin McCormick under a provision of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), that does not apply to him. Under the misapplied enhancement, McCormick is serving a sentence that exceeds the maximum sentence prescribed by Congress for...

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