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16-8091 - United States v. Smith

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16-8091 - United States v. Smith
November 9, 2016
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[10420532] Mr. Smith's appeal, which we construe as a petition for a writ of mandamus, is Granted. The district court is directed to vacate its prior order staying the case and consider Mr. Smith's § 2255 motion on the merits. Terminated on the merits after submissions without oral hearing. Written, unsigned, unpublished. Judges Briscoe, Gorsuch and McHugh. Per Curiam. [16-8091]