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SPENCER v. U.S.

No. 10-10676.

773 F.3d 1132 (2014)

Kevin SPENCER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 14, 2014.

Attorney(s) appearing for the Case

Kimberly J. Johnson, Pope McGlamry Kilpatrick Morrison & Norwood, LLP, W. Bruce Maloy, Atlanta, GA, for Petitioner-Appellant.

Kevin Spencer, Jonesville, VA, pro se.

Peggy Morris Ronca, U.S. Attorney's Office, Orlando, FL, Michael A. Rotker, U.S. Department of Justice, Washington, DC, Robert E. O'Neill, U.S. Attorney's Office, Tampa, FL, Julie Hackenberry Savell, U.S. Attorney's Office, Jacksonville, FL, for Respondent-Appellee.

Before ED CARNES, Chief Judge, TJOFLAT, HULL, MARCUS, WILSON, WILLIAM PRYOR, MARTIN, JORDAN and ROSENBAUM, Circuit Judges.

This appeal concerns whether a federal prisoner may relitigate an alleged misapplication of the advisory United States Sentencing Guidelines in a collateral attack on a final sentence. After he pleaded guilty to distributing cocaine and we affirmed the judgment against him, Kevin Spencer moved to vacate his sentence...

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