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SILVESTRE v. U.S.

No. 99 Civ. 1247(JES).

55 F.Supp.2d 266 (1999)

Felipe SILVESTRE, Petitioner, v. UNITED STATES of America, Respondent.

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

June 30, 1999.

Attorney(s) appearing for the Case

Felipe Silvestre, Minersville, PA, pro se.

Mary Jo White, United States Attorney, New York City, Andrew B. Lachow, Assistant United States Attorney, of counsel, for U.S.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

The respondent moves to dismiss the instant petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2255, or alternatively, 28 U.S.C. § 2241, on the grounds that petitioner failed to comply with the statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act ("AEDPA") of 1996, and because relief under § 2241 is unavailable. For the reasons stated below...

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