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MONSANTO v. U.S.

No. 97 Civ. 4700 RJW. No. S 87 Cr. 555 RJW

143 F.Supp.2d 273 (2001)

Peter MONSANTO, Petitioner, v. UNITED STATES of America, Respondent.

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

April 20, 2001.

Attorney(s) appearing for the Case

The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York City, By Colleen P. Cassidy, of Counsel, for Petitioner.

Mary Jo White, United States Attorney for the Southern District of New York, New York City, By Anirudh Bansal, of Counsel, for Respondent.

OPINION

WARD, District Judge.

Petitioner, Peter Monsanto, has moved to vacate his conviction pursuant to 28 U.S.C. § 2255 based on the Court's erroneous jury instruction concerning the crime of engaging in a continuing criminal enterprise. For the reasons hereinafter stated, petitioner's motion is denied and the petition is dismissed.1

BACKGROUND

On October 14, 1987, the government filed an Indictment against...

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