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ABERNATHY v. WANDES

No. 10-1252.

713 F.3d 538 (2013)

Gary ABERNATHY, Petitioner-Appellant, v. Warden Julie WANDES, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

April 8, 2013.

Attorney(s) appearing for the Case

Jill M. Wichlens, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs), Denver, CO, for Petitioner-Appellant.

Michael A. Rotker, Attorney, Appellate Section, United States Department of Justice, Criminal Division (Lanny A. Breuer, Assistant Attorney General; Greg D. Andres, Acting Deputy Assistant Attorney General; John F. Walsh, United States Attorney; and Paul Farley, Assistant United States Attorney, with him on the briefs), Washington D.C. and Denver, CO, for Respondent-Appellee.

Before HARTZ, EBEL, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Petitioner Gary Abernathy, a federal prisoner, appeals from the judgment of the United States District Court for the District of Colorado, which dismissed his 28 U.S.C. § 2241 petition for a writ of habeas corpus. By way of § 2241, Mr. Abernathy seeks to have an alleged error of law in the calculation of his sentence corrected based upon a subsequently issued Supreme Court decision interpreting the Armed Career Criminal Act ("ACCA...

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