Roger Wheeler v. Thomas Simpson


OPINION and JUDGMENT filed : AFFIRMED. Decision for publication. (Pursuant to U.S. Supreme Court judgment.) Gilbert S. Merritt (CONCURRING), Richard Allen Griffin (AUTHORING), and Helene N. White, Circuit Judges.

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Case: 11-5707 Document: 176-3 Filed: 03/23/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 11-5707 ROGER L. WHEELER, Petitioner - Appellant, FILED Mar 23, 2017 DEBORAH S. HUNT, Clerk v. THOMAS L. SIMPSON, Warden, Respondent - Appellee. Before: MERRITT, GRIFFIN, and WHITE, Circuit Judges. JUDGMENT On Remand from the United States Supreme Court. IN CONSIDERATION of the December 15, 2015 opinion of the United States Supreme Court in this case and reconsideration of the original opinion and judgment of this court of February 20, 2015 and the original briefs and arguments of counsel, IT IS NOW ORDERED that the judgment of the district court is AFFIRMED. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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