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SMITH v. U.S.

Civil Action No. 96-S-1536. Criminal Action No. 90-CR-249-3.

945 F.Supp. 1439 (1996)

Dean J. SMITH, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, D. Colorado.

October 29, 1996.

Attorney(s) appearing for the Case

David Gaouette, John M. Hutchins, Denver, CO, for Petitioner.

Irving P. Andrews, Denver, CO, for Respondent.

ORDER

SPARR, District Judge.

THIS MATTER comes before the Court on Petitioner's Motion to Review, Set-Aside or Modify Sentence Pursuant to 28 U.S.C. § 2255 and 18 U.S.C. § 3582(c)(2), filed June 24, 1996. The Court has reviewed the motion, the Government's response, the applicable law and is fully advised in the premises.

Petitioner states that his sentence was enhanced on the assumption that the methamphetamine was D-methamphetamine rather...

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