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MERCADO v. U.S.

Civil Action No. 04-11653-PBS.

473 F.Supp.2d 256 (2007)

Elvin MERCADO, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, D. Massachusetts.

February 12, 2007.

Attorney(s) appearing for the Case

Roberto M. Braceras, Robert J. Durbin, Goodwin Procter LLP, Boston, MA, for Petitioner.

Jennifer Hay Zacks, Peter K. Levitt, United States Attorney's Office, Boston, MA, for Respondent.

MEMORANDUM AND ORDER

SARIS, District Judge.

On December 12, 2006, petitioner Elvin Mercado, convicted of drug trafficking, filed a second amended motion under 28 U.S.C. § 2255 to vacate his conviction and sentence on the ground, among others, that the Lowell District Court had granted his motion to vacate two state court convictions relied on to sentence petitioner as a career offender. Mercado had been sentenced to a term of imprisonment of...

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