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HOSEY v. U.S.

C.A. No. 2:04-cr-617-PMD.

518 F.Supp.2d 732 (2007)

Lamar HOSEY, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, D. South Carolina, Charleston Division.

September 10, 2007.

Attorney(s) appearing for the Case

John Robert Haley, Federal Public Defender's Office, Charleston, SC, for Petitioner.

Robert H. Bickerton, U.S. Attorneys, Charleston, SC, for Respondent.

ORDER

PATRICK MICHAEL DUFFY, District Judge.

This matter is before the court upon Petitioner Lamar Hosey's ("Hosey" or "Petitioner") Motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. The Government has filed a Motion to Dismiss. For the following reasons, the court denies the Government's Motion to Dismiss.

BACKGROUND

An indictment dated June...

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