SOMERS v. UNITED STATES

No. 19-11484 Non-Argument Calendar.

66 F.4th 890 (2023)

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

United States Court of Appeals, Eleventh Circuit.

Filed: April 25, 2023.


Attorney(s) appearing for the Case

Randolph 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 , DOJ-USAO, Civil Division, Tallahassee, FL, Robert G. Davies , U.S. Attorney Service — Northern District of Florida, 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.


Fred Somers appeals the district court's denial of his § 2255 habeas petition to vacate his sentence of 211 months' imprisonment on the ground that he was sentenced as an armed career criminal but does not qualify as one. He argues that his prior conviction in Florida for aggravated assault with a deadly weapon cannot...

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