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U.S. v. GARDNER

Case No. 1:07CR00028.

674 F.Supp.2d 779 (2009)

UNITED STATES of America, v. Demetrius Tyrone GARDNER, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

December 17, 2009.

Attorney(s) appearing for the Case

Zachary T. Lee, Assistant United States Attorney, Abingdon, VA, for United States.

Daniel R. Bieger, Copeland & Bieger, P.C., Abingdon, VA, for Defendant.

OPINION

JAMES P. JONES, Chief United States District Judge.

In this § 2255 case in which the defendant seeks to attack one of the predicate convictions leading to his status as a Career Offender under the sentencing guidelines, relief will be denied. Even if the defendant had not been a Career Offender, his sentence fell within the advisory guideline range and was otherwise appropriate. For these reasons, his sentence was not unlawful and collateral...

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