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PORTER v. U.S.

No. CIV.A. 7:00-CV-00679.

148 F.Supp.2d 685 (2001)

Emjadia PORTER, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, W.D. Virginia, Roanoke Division.

April 6, 2001.

Attorney(s) appearing for the Case

Emjadia Porter, Pro se.

Karen Breeding Peters, U.S. Atty's Office, Roanoke, VA, for Respondent.

MEMORANDUM OPINION

WILSON, Chief Judge.

This is a motion pursuant to 28 U.S.C. § 2255 by Emjadia Porter maintaining that his sentence contravenes the rule of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The court finds the motion successive and dismisses it.

I.

A jury found Porter guilty of conspiracy...

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