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UNITED STATES v. CODY

No. 19-11915.

998 F.3d 912 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Sandchase CODY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 28, 2021.

Attorney(s) appearing for the Case

Roberta Josephina Bodnar , U.S. Attorney's Office-FLM, Ocala, FL, Peter J. Sholl , U.S. Attorney's Office, U.S. Attorney Service — Middle District of Florida, Tampa, FL, for Plaintiff-Appellee.

Rosemary Cakmis , Law Office of Rosemary Cakmis, Michelle Yard , Federal Public Defender's Office, ORLANDO, FL, Sandchase Cody, FCI Edgefield — Inmate Legal Mail, Edgefield, SC, for Defendant-Appellant.

Before WILLIAM PRYOR, Chief Judge, LUCK, Circuit Judge, and MARKS, District Judge.

This appeal requires us to decide an issue of first impression in our Circuit: whether a certificate of appealability is required when a federal prisoner obtains relief through a postconviction motion, 28 U.S.C. § 2255, and appeals the decision to correct only the illegal sentence instead of performing a full resentencing...

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