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TOCCI v. U.S.

No. 01-CV-264(DRH), No. 98-CR-408.

178 F.Supp.2d 176 (2001)

Blerim TOCCI, Petitioner, v. UNITED STATES of America, Respondent. United States of America v. Blerim Tocci, Defendant.

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

December 20, 2001.

Attorney(s) appearing for the Case

Mark T. Kenmore, Buffalo, NY, for Petitioner/Defendant Blerim Tocci.

Hon. Joseph A. Pavone, United States Attorney for the Northern District of New York, Albany, NY (Richard S. Hartunian, Assistant United States Attorney, of Counsel), for respondent U.S.

MEMORANDUM-DECISION AND ORDER

HOMER, United States Magistrate Judge.

Presently pending is the petition and motion of Blerim Tocci ("Tocci") pursuant to 28 U.S.C. §§ 2241 and 2255 to vacate his conviction and sentence. For the reasons which follow, that relief is granted.1

I. Background

Tocci, now thirty-two, was born in Yugoslavia (now Macedonia), moved to the United States with his parents and siblings...

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