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U.S. v. INNOCENT

No. 19-10112, No. 18-15210.

977 F.3d 1077 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. James INNOCENT, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Elijah Hasan Jones, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 8, 2020.

Attorney(s) appearing for the Case

Phillip Drew DiRosa , U.S. Attorney's Office, Fort Lauderdale, FL, H. Ron Davidson , U.S. Attorney's Office, Nicole D. Mariani , Emily M. Smachetti , U.S. Attorney Service — SFL, Miami, FL, for Plaintiff-Appellee.

Michael Caruso , Federal Public Defender, Robin J. Farnsworth , Bernardo Lopez , Daryl Elliott Wilcox , Federal Public Defender's Office, Fort Lauderdale, FL, for Defendant-Appellant.

Before WILLIAM PRYOR, Chief Judge, TJOFLAT and HULL, Circuit Judges.

These appeals require us to decide whether to vacate the convictions of two defendants whose indictments were defective in the light of Rehaif v. United States, ___ U.S. ___, 139 S.Ct. 2191, 2194, 204 L.Ed.2d 594 (2019), and if not, whether to vacate one defendant's sentence under the Armed Career Criminal Act...

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