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HERNANDEZ v. U.S.

No. 92 Civ. 5722 (MBM).

806 F.Supp. 39 (1992)

Geraldo HERNANDEZ, Petitioner, v. UNITED STATES of America, Respondent.

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

November 11, 1992.

Attorney(s) appearing for the Case

Russell M. Leisner, Forest Hills, N.Y., for petitioner.

Christopher P. Reynolds, Asst. U.S. Atty., Southern District of New York, New York City, for U.S.

OPINION AND ORDER

MUKASEY, District Judge.

Geraldo Hernandez has petitioned pursuant to 28 U.S.C. § 2255 for a writ of habeas corpus and to vacate the judgment of conviction that followed his guilty plea. He argues that the 90-month sentence he received violated a plea bargain insofar as it represented an upward departure from the 10-16 month range generated by the adjusted offense level and criminal history category reflected in the presentence report...

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