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PORTIS v. UNITED STATES

Nos. 20-3776/3780.

33 F.4th 331 (2022)

Marlon PORTIS, Jr. (20-3776); Demonte Thompson (20-3780), Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 3, 2022.

Attorney(s) appearing for the Case

ON BRIEF: Vanessa Faye Malone , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Akron, Ohio, for Appellants. Kelly L. Galvin , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Respondent.

SUTTON, C.J., delivered the opinion of the court in which McKEAGUE, J., joined. WHITE, J. (pp. 339-43), delivered a separate dissenting opinion.

OPINION

Marlon Portis and Demonte Thompson pleaded guilty to conspiring to rob electronics stores and to using firearms in the process. The plea agreements prohibited the defendants from bringing direct or collateral challenges to their convictions. Relying on a later U.S. Supreme Court decision that limited what offenses...

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