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TAPIA-GARCIA v. U.S.

No. 98 CIV.3465(HB)(AJP).

53 F.Supp.2d 370 (1999)

Juan TAPIA-GARCIA, Petitioner, v. UNITED STATES of America, Respondent.

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

May 24, 1999.

Attorney(s) appearing for the Case

Juan Tapia-Garcia, Leavenworth, KS, pro se.

Meir Feder, Asst. U.S. Attorney, New York City, for Respondent.

MEMORANDUM AND ORDER

BAER, District Judge.1

Juan Tapia-Garcia (the "petitioner") moves pursuant to 28 U.S.C. Section 2255, to set aside his guilty plea to the crime of re-entry after deportation following an aggravated felony in violation of 8 U.S.C. Section 1326(b)(2). I referred this matter to Magistrate Judge Peck, who issued a Report and Recommendation (the "Report") on November 3, 1998 and recommended that the petitioner...

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