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MERRITT v. U.S.

Nos. 91-62-1-CR-5BR, 5:96-CV-93-BR.

930 F.Supp. 1109 (1996)

Kermith Wayne MERRITT, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, E.D. North Carolina, Western Division.

June 21, 1996.

Attorney(s) appearing for the Case

Christine Witcover Dean, U.S. Attys. Office, Raleigh, NC, for U.S.

Douglas P. Connor, Mt. Olive, NC, for defendant.

ORDER

BRITT, District Judge.

This case is before the court on Merritt's motion, pursuant to 28 U.S.C. § 2255, to vacate, set aside, or correct his sentence imposed for violating 18 U.S.C. § 924(c)(1).

I. Background

Merritt was arrested following a search of his residence that produced cocaine, drug paraphernalia, and firearms. He was charged in a three-count Superseding Indictment. Count One charged that Merritt...

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