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DiCESARE v. UNITED STATES

Nos. CV 86-5009-AAH, CR 83-768(A)-AAH.

646 F.Supp. 544 (1986)

Beatrice DiCESARE, Movant in CV 86-5009, Defendant in CR 83-768, v. UNITED STATES of America, Respondent in CV 86-5009, Plaintiff in CR 83-768.

United States District Court, C.D. California.

October 28, 1986.

Attorney(s) appearing for the Case

Janet Sherman, Victor Sherman, Santa Monica, Cal., for DiCesare.

Robert C. Bonner, U.S. Atty., Robert L. Brosio, Asst. U.S. Atty., Chief, Criminal Div., William C. Price, Asst. U.S. Atty., Los Angeles, Cal., for U.S.

DECISION AND ORDER GRANTING MOTION TO VACATE SENTENCE (28 U.S.C. § 2255)

HAUK, Senior District Judge.

FACTUAL BACKGROUND

This matter is before the Court upon the motion of Beatrice DiCesare ("DiCesare"), who, pursuant to 28 U.S.C. § 2255, contends that her sentence must be vacated because her conviction and subsequent punishment were for acts that the law does not make criminal.

On October 25, 1983, a six count First Superseding...

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