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U.S. v. GAITHER

Criminal No. 1:CR-89-224-001.

926 F.Supp. 50 (1996)

UNITED STATES of America v. Samuel GAITHER.

United States District Court, M.D. Pennsylvania.

May 20, 1996.

Attorney(s) appearing for the Case

Ted Smith, Asst. U.S. Atty., Federal Bldg., Harrisburg, PA, for the U.S.

Kurt A. Blake, York, PA, for defendant.

MEMORANDUM

RAMBO, Chief Judge.

Before the court is Defendant's motion to vacate a sentence pursuant to 28 U.S.C. § 2255 and the government's motion to reinstate Count II of the indictment to the captioned criminal case. Briefs have been filed by both parties and the motions are ripe for disposition.

I. Background

Defendant was charged in 1989 in a two count indictment. Count I charged Defendant with use of...

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