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U.S. v. Mixon, No. 96-6498 (11th Cir.) (115 F.3d 900) (June 20, 1997) (Judge Paul H. Roney)

Here the Eleventh Circuit affirmed a revised sentence imposed after a Bailey-type appeal, even though the new sentence was longer than the sentence that was vacated, holding that the new sentence did not violate the double jeopardy clause.

The Court held that "based on the broad language of ยง 2255 ...

 

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