Stacy Winters v. United States, No. 16-3902 (8th Cir. 2017)

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Court Description: Per Curiam - Before Benton, Bowman and Shepherd, Circuit Judges] Prisoner case - Habeas. Denial of habeas relief affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3902 ___________________________ Stacy Winters lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee ____________ Appeal from United States District Court for the District of South Dakota - Rapid City ____________ Submitted: June 15, 2017 Filed: June 20, 2017 [Unpublished] ____________ Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. Having received a certificate of appealability from the district court, federal prisoner Stacy Winters directly appeals the district court’s1 denial of his 28 U.S.C. 1 The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota. § 2255 motion to vacate his conviction under 18 U.S.C. § 924(c). His motion was based on Johnson v. United States, 135 S. Ct. 2551 (2015). After carefully reviewing the record, as well as the parties’ arguments and suggestions on appeal, we affirm. See United States v. Prickett, 839 F.3d 697 (8th Cir. 2016) (per curiam), petition for cert. filed (U.S. Dec. 28, 2016); see also 8th Cir. R. 47B. ______________________________ -2-

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