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  5. 879 F.Supp. 1044 (1994)
 

U.S. v. KELLY

Nos. CR-N-92-57-ECR, CV-N-94-396-ECR.

879 F.Supp. 1044 (1994)

UNITED STATES of America, Plaintiff-Respondent, v. John KELLY, III, Defendant-Petitioner.

United States District Court, D. Nevada.

September 22, 1994.

Attorney(s) appearing for the Case

Robert A. Bork, Asst. U.S. Atty., Reno, NV, for the U.S.

John Kelly, III, in pro. per., under supervision of U.S. Probation Dept., Denver, CO and Glynn Cartledge, Reno, NV, for John Kelly III.

No appearance on behalf of the U.S. in civil case.

ORDER

EDWARD C. REED, Jr., District Judge.

Defendant-Petitioner Mr. Kelly moves this Court to vacate, set aside or correct the sentence imposed pursuant to a criminal conviction in this Court. (Doc. # 29) Mr. Kelly makes this motion pursuant to 28 U.S.C. § 2255, the federal habeas statute.

The Government's response (Doc. # 32) to said motion concedes Mr. Kelly's argument and on that basis believes that Mr. Kelly's motion should be granted...

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