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CHARLES v. U.S.

Crim. No. 88-00101-02.

896 F.Supp. 584 (1995)

Herbert Cummings CHARLES, Defendant/Petitioner, v. UNITED STATES of America, Plaintiff/Respondent.

United States District Court, N.D. West Virginia.

August 10, 1995.

Attorney(s) appearing for the Case

William A. Kolibash, Thomas O. Mucklow, Assistant, for the U.S.

Herbert Cummings Charles, White Deer, PA, pro se.

MEMORANDUM

MERHIGE, District Judge.

This matter is before the Court on Petitioner's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. For the reasons set forth below, the Court will grant the motion.

Charles was indicted on April 15, 1988 and his trial date was set for June 24, 1988. Charles failed to appear for trial; however, Charles' counsel was present and informed the Court that he had notified Charles...

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