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UNITED STATES v. LOTT

No. 20-10424 consolidated with No. 20-10583.

64 F.4th 280 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Andreco LOTT, Defendant-Appellant, United States of America, Plaintiff-Appellee, v. Cedric Diggs, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED March 28, 2023.

Attorney(s) appearing for the Case

Brian W. McKay, Esq., Assistant U.S. Attorney, Amy Jeannine Mitchell, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Shane John Stolarczyk, Esq., Keller Stolarczyk P.L.L.C., Boerne, TX, for Defendant-Appellant in No. 20-10424.

James Matthew Wright, Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Amarillo, TX, for Defendant-Appellant in No. 20-10583.

Before Higginbotham, Jones, and Oldham, Circuit Judges.

Appellants Andreco Lott and Cedric Diggs are serving, respectively, a 1,111-month sentence and a 738-month sentence for multiple robberies and violations of 18 U.S.C. § 924(c). Appellants brought successive 28 U.S.C. § 2255 motions, alleging United States v. Davis, ___ U.S. ___, 139 S.Ct. 2319,

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