Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Slusser v. United States

United States Court of Appeals, Sixth Circuit

July 10, 2018

Larry M. Slusser, Petitioner-Appellant,
v.
United States of America, Respondent-Appellee.

          Argued: June 6, 2018

          Appeal from the United States District Court for the Eastern District of Tennessee at Knoxville. Nos. 3:11-cr-00078-1; 3:16-cv-00531-Thomas A. Varlan, Chief District Judge.

         COUNSEL

         ARGUED:

          Jennifer Niles Coffin, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant.

          Luke A. McLaurin, UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

         ON BRIEF:

          Jennifer Niles Coffin, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant.

          Luke A. McLaurin, UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

          Before: COOK and DONALD, Circuit Judges; HALE, District Judge[*]

          OPINION

          BERNICE BOUIE DONALD, Circuit Judge.

          Larry Slusser appeals the district court's dismissal of his second or successive motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. Slusser challenges his designation as an armed career criminal. We granted a certificate of appealability ("COA") to consider one issue: whether Slusser's 1999 Tennessee conviction for Class C aggravated assault no longer qualifies as a "violent felony" under the Armed Career Criminal Act ("ACCA"). Slusser, however, waived his right to challenge his designation as an armed career criminal through a § 2255 motion as part of his negotiated plea agreement. Therefore, we AFFIRM.

         I.

         Slusser pleaded guilty in 2011 to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). As part of his plea agreement, Slusser waived his right to "file any motions or pleadings pursuant to 28 U.S.C. § 2255 or to collaterally attack [his] conviction[] and/or resulting sentence," except challenges involving ineffective assistance of counsel or prosecutorial misconduct. The district court determined that he had at least three prior convictions for violent felonies or serious drug offenses and sentenced him to a mandatory sentence of 180 months under the ACCA. The district court pointed to three prior convictions as ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.