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LESTER v. FLOURNOY

No. 13-6956.

909 F.3d 708 (2018)

Stoney LESTER, Petitioner-Appellant, v. J.V. FLOURNOY, Warden of FCI Jesup, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 30, 2018.

Attorney(s) appearing for the Case

ARGUED: Bradley Nelson Garcia , O'MELVENY & MYERS LLP, Washington, D.C., for Appellant. Michael Alan Rotker , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Jonathan D. Hacker , Kathryn E. Tarbert , Rakesh Kilaru , O'MELVENY & MYERS LLP, Washington, D.C., for Appellant. Leslie R. Caldwell , Assistant Attorney General, Brian A. Benczkowski , Assistant Attorney General, David A. O'Neil , Acting Deputy Assistant Attorney General, Sung-Hee Suh , Deputy Assistant Attorney General, Matthew S. Miner , Deputy Assistant Attorney General, Appellate Section, Criminal Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Dana J. Boente , Acting United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Diaz wrote the opinion, in which Judge Duncan and Judge Keenan joined.

In 2004, after pleading guilty to selling crack cocaine to a government informant, Stoney Lester was sentenced to almost 22 years in prison. Lester received that sentence because he was designated a career offender under the then-mandatory Sentencing Guidelines. Later precedent, however, established that this designation was...

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