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IN RE: ESTATE OF JERRY WEST, Deceased,
Plaintiff-Appellee/Cross-Appellant,
v.
UNITED STATES DEPARTMENT OF VETERANS AFFAIRS,
Defendant-Appellant/Cross-Appellee.
   Nos. 16-6252/6360
Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 3:16-cv-00166—Thomas B. Russell, District Judge.
Argued: January 30, 2018
Decided and Filed: July 10, 2018
Before: BOGGS, CLAY, and KETHLEDGE, Circuit Judges.


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OPINION
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KETHLEDGE, Circuit Judge. The Department of Veterans Affairs and the Estate of Jerry West, a Vietnam veteran, dispute whether certain benefits owed to West at the time of his death should be paid to the Estate. The district court remanded that dispute to Kentucky probate court, but the government contends the dispute can be litigated only pursuant to the procedure set forth in the Veterans’ Judicial Review Act. We agree with the government and reverse the district court’s remand order, albeit with some concerns about the government’s expropriation of the Estate’s funds without any advance notice or process.



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LARRY M. SLUSSER,
Petitioner-Appellant,
v.
UNITED STATES OF AMERICA,
Respondent-Appellee.
   No. 17-5070
Appeal from the United States District Court
for the Eastern District of Tennessee at Knoxville.
Nos. 3:11-cr-00078-1; 3:16-cv-00531—Thomas A. Varlan, Chief District Judge.
Argued: June 6, 2018
Decided and Filed: July 10, 2018
Before: COOK and DONALD, Circuit Judges; HALE, District Judge.


_________________________
OPINION
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BERNICE BOUIE DONALD, Circuit Judge. Larry Slusser appeals the district court’s dismissal of his second or successive motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. Slusser challenges his designation as an armed career criminal. We granted a certificate of appealability (“COA”) to consider one issue: whether Slusser’s 1999 Tennessee conviction for Class C aggravated assault no longer qualifies as a “violent felony” under the Armed Career Criminal Act (“ACCA”). Slusser, however, waived his right to challenge his designation as an armed career criminal through a § 2255 motion as part of his negotiated plea agreement. Therefore, we AFFIRM.