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HARNEY v. U.S.

No. 97-CV-172(FJS).

962 F.Supp. 322 (1997)

George Kenneth HARNEY, Petitioner, v. UNITED STATES of America, Respondent. David Thomas CHALEUX-DeLEON, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, N.D. New York.

April 28, 1997.

Attorney(s) appearing for the Case

George K. Harney, USP Allenwood, White Deer, PA, pro se.

David T. Chaleux-DeLeon, USP Allenwood, White Deer, PA, pro se.

Thomas J. Maroney, United States Attorney, N.D.N.Y., Kimberly M. Zimmer, Assistant U.S. Attorney, Syracuse, NY, for Respondent.

MEMORANDUM-DECISION and ORDER

SCULLIN, District Judge.

Introduction

Petitioners, George K. Harney and David T. Chaleux-DeLeon, seek to vacate their sentences pursuant to 28 U.S.C. § 2255, based upon the Supreme Court's decision in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Petitioner Harney also seeks the appointment of counsel. Following a joint trial, Petitioner Harney and Chaleux-DeLeon were convicted...

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