MEMORANDUM
KATZ, District Judge.
Defendant Tepfer has filed a Motion Under 28 U.S.C. § 2255 to Vacate Sentence.
The Court of Appeals affirmed his conviction after a jury trial for Conspiracy in Restraint of Trade (Count 1) and Conspiracy to Defraud the United States (Count 2). This Court had sentenced defendant Tepfer, a second offender, as follows:
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