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MARQUEZ v. U.S.

No. 91 Civ. 6244(MEL).

787 F.Supp. 378 (1992)

Lionel MARQUEZ, Petitioner, v. UNITED STATES of America, Respondent.

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

March 20, 1992.

Attorney(s) appearing for the Case

Lawrence Mark Stern, New York City, for petitioner.

Otto G. Obermaier, U.S. Atty., S.D.N.Y. (Gaines H. Cleveland, Asst. U.S. Atty., of counsel), New York City, for respondent.

LASKER, District Judge.

Lionel Marquez seeks habeas relief pursuant to 28 U.S.C. § 2255, on the grounds (i) that his conviction was barred by the Fifth Amendment's prohibition of double jeopardy and (ii) that the government was collaterally estopped from prosecuting him in the case from which his conviction arises.1 Marquez was convicted in 1975 of possession with intent to distribute cocaine on the basis of a cocaine transaction...

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