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JAMES ROY SYLVESTER, JR.,
Petitioner-Appellant,
v.
UNITED STATES OF AMERICA,
Respondent-Appellee.
   No. 15-1782
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
Nos. 1:03-cr-20008-1; 2:10-cv-15151—David M. Lawson, District Judge.
Argued: April 26, 2017
Decided and Filed: August 22, 2017
Before: MERRITT, GILMAN, and DONALD, Circuit Judges.


_________________________
OPINION
_________________________

BERNICE BOUIE DONALD, Circuit Judge. Petitioner James Roy Sylvester, Jr. was convicted by a federal jury of possession with intent to distribute five kilograms or more of cocaine, possession with intent to distribute five grams or more of cocaine base, possession of a firearm in furtherance of a drug-trafficking offense, felon in possession of a firearm, possession of marijuana, possession with intent to distribute oxycodone, diazepam, hydrocodone, and codeine, using interstate travel to acquire and transport five kilograms of cocaine, personally traveling in interstate commerce to acquire five kilograms of cocaine, and conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine. He was sentenced to 35 years of imprisonment. A panel of this Court affirmed Sylvester’s conviction and sentence on direct appeal. Sylvester then filed this present motion to vacate his sentence under 28 U.S.C. § 2255 on the grounds that his trial and appellate counsel rendered ineffective assistance in failing to pursue his claims of Speedy Trial Act violations. The district court dismissed Sylvester’s motion, finding that Sylvester failed to show that he was prejudiced by his counsels’ allegedly deficient performances. Because the district court correctly determined that Sylvester failed to show prejudice, we AFFIRM the order dismissing Defendant’s § 2255 motion.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SHANNON L. FERGUSON,
Defendant-Appellant.
   No. 15-6303
Appeal from the United States District Court
for the Eastern District of Tennessee of Chattanooga.
No. 1:14-cr-00061-1—Curtis L. Collier, District Judge.
Decided and Filed: August 22, 2017v Before: BATCHELDER, ROGERS, and WHITE, Circuit Judges.


_________________________
OPINION
_________________________

ALICE M. BATCHELDER, Circuit Judge. Shannon Ferguson pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Before his sentencing, the district court found that at least three of Ferguson’s previous convictions were violent felonies that triggered the Armed Career Criminal Act’s (“ACCA”) mandatory minimum sentence of fifteen years’ imprisonment. 18 U.S.C. § 924(e)(1). The parties’ arguments focus on eight prior convictions, each of which occurred in Tennessee. Three convictions were for burglary, in violation of Tenn. Code Ann. § 39-14-402, and five convictions were for aggravated burglary, in violation of Tenn. Code Ann. § 39-14-403. On appeal, Ferguson asserts that none of his prior convictions count as predicate offenses for purposes of the ACCA. Although he is correct that some of his prior convictions are not predicate offenses, three are. Accordingly, for the following reasons, we AFFIRM the district court’s judgment.