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MOBLEY v. U.S.

Civil Action No. 97-650-AM. Criminal No. 92-307-A.

974 F.Supp. 553 (1997)

Delbert MOBLEY, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, E.D. Virginia, Alexandria Division.

August 1, 1997.

Attorney(s) appearing for the Case

James C. Savage, Rockville, MD, for Petitioner.

Helen F. Fahey, U.S. Atty., Andrew McBride, Asst. U.S. Atty., Eugenia Broustouris, Third-Year Law Intern, Alexandria, VA, for Respondent.

MEMORANDUM OPINION

ELLIS, District Judge.

This matter is before the Court on a petition by Delbert Mobley to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. § 2255. At issue is whether an "actual innocence" exception to the Frady1 cause requirement applies where, as here, a statutorily mandated sentence is imposed on a defendant on the basis of a material error in the defendant's official...

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