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SOMERS v. UNITED STATES

No. 19-11484 Non-Argument Calendar.

15 F.4th 1049 (2021)

Fred SOMERS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 28, 2021.

Attorney(s) appearing for the Case

Randolph Patterson Murrell , Federal Public Defender's Office, Tallahassee, FL, Megan Saillant , Federal Public Defender's Office, Gainesville, FL, for Petitioner-Appellant.

Jordane E. Learn , Michael J. Harwin , U.S. Attorney's Office, Tallahassee, FL, Robert G. Davies , U.S. Attorney, U.S. Attorney's Office, Northern District of Florida, Pensacola, FL, Karen E. Rhew-Miller , Law Office of Karen E. Rhew-Miller, Fernandina Beach, FL, for Respondent-Appellee.

Before JILL PRYOR, ANDERSON and MARCUS, Circuit Judges.

ON PETITION FOR REHEARING

In Somers v. United States, 799 F. App'x 691 (11th Cir. 2020) ("Somers I"), issued on January 14, 2020, we affirmed the district court's denial of appellant Fred Somers's 28 U.S.C. § 2255 motion to vacate his sentence. We held that Somers...

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