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GONZALEZ v. UNITED STATES

No. 85 Civ. 4312-CSH.

623 F.Supp. 715 (1985)

Rufo O. GONZALEZ, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S.D. New York.

September 19, 1985.

Attorney(s) appearing for the Case

Rufo Gonzalez, pro se.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for U.S.; Kenneth I. Schacter, Asst. U.S. Atty., of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

The habeas corpus petition of Rufo Gonzalez pursuant to 28 U.S.C. § 2255 raises one question of substance. That is whether his sentence should be vacated and Gonzalez resentenced on his conviction following jury trial, because of this Court's failure at the time of sentencing to comply with the 1983 amendments to Rule 32, F.R. Crim.P.1

The 1983 amendments to Rule...

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