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Oral Arguments Made to Sixth Circuit Sitting En Banc to Overturn Prior Circuit Precedent

For Immediate Release: June 13, 2018

Contact: Craig M. Sandberg, 833.726.3237,

Cincinnati, OH – Today I had the honor and privilege to participate in oral arguments before the United States Court of Appeals for the Sixth Circuit sitting en banc. My client, Le'Ardrus Burris, and I are seeking to overturn United States v. Anderson, 695 F.3d 390 (6th Cir. 2012). Both in our briefs and at oral argument, we argued that Anderson no longer remains good law in light of the Supreme Court’s rulings in Moncrieffe v. Holder, 569 U.S. 184 (2013), Descamps v. United States, 570 U.S. 254, 133 S. Ct. 2276 (2013) and Mathis v. United States, 579 U.S. __, 136 S. Ct. 2243 (2016). Importantly, the Court, also, heard arguments on the case of Williams v. United States, Sixth Circuit Case No. 17-3211 (6th Cir. 2017), which is, also, seeking to overturn Anderson. Mr. Williams' counsel (Jeffrey B. Lazarus from the Federal Public Defender's Office in Cleveland) has been an indispensable ally in addressing the "merits" arguments.

Oral Arguments Made to Sixth Circuit Sitting En Banc to Overturn Prior Circuit Precedent

Today's arguments in the Sixth Circuit were made to the 16 circuit judges in regular active service and 2 circuit judges who have taken senior status. The Court, sitting en banc, consisted of the following members: Chief Judge R. Guy Cole, Jr.; Senior Judge Gilbert S. Merritt; Judge Alice M. Batchelder; Judge Karen Nelson Moore; Judge Eric L. Clay; Judge Julia Smith Gibbons; Judge John M. Rogers; Judge Jeffrey S. Sutton; Judge Deborah L. Cook; Judge Richard Allen Griffin; Judge Raymond M. Kethledge; Judge Helene N. White; Judge Jane Branstetter Stranch; Judge Bernice B. Donald; Judge Amul R. Thapar; Judge John K. Bush; Judge Joan L. Larsen; and Judge John B. Nalbandian. Judges Merritt and White were participating by video and Judge Cook was participating telephonically.

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