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SANDERS v. U.S.

No. 1:97 CV 2000 (1:93 CR 184).

8 F.Supp.2d 674 (1998)

Lummie SANDERS, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, N.D. Ohio, Eastern District.

April 10, 1998.

Attorney(s) appearing for the Case

Alan Curtis Rossman, Schreiber, Rossman & Assoc., Cleveland, OH, for Petitioner.

Joseph P. Schmitz, Office of the U.S. Attorney, Cleveland, OH, for Respondent.

MEMORANDUM OPINION AND ORDER

DOWD, District Judge.

Before the Court is petitioner's motion, pursuant to 28 U.S.C. § 2255, to vacate and set aside his sentence on the ground that one of the state convictions used to enhance his federal sentence under the Armed Career Criminal Act was improperly considered. For the reasons discussed below, petitioner's motion is granted.

I. BACKGROUND

On June 9, 1993, Sanders was indicted...

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