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DEL VALLE v. U.S.

C.A. No. 06-088 S.

497 F.Supp.2d 346 (2007)

Basilio DEL VALLE v. UNITED STATES of America.

United States District Court, D. Rhode Island.

July 31, 2007.

Attorney(s) appearing for the Case

Robert Douglas Watt, Jr., Providence, RI, for Plaintiff.

Sandra R. Beckner, Assistant United States Attorney, U.S. Attorney's Office, Providence, RI, for the Government.

MEMORANDUM AND ORDER

SMITH, District Judge.

Basilio Del Valle ("Del Valle" or "Petitioner") filed a motion to vacate, set aside and/or correct sentence pursuant to 28 U.S.C. § 2255. For the reasons set forth below, Del Valle's motion is granted.

Background

On December 13, 2004, Del Valle pled guilty to a single count information charging him with conspiracy to possess with intent to distribute one kilogram of cocaine in violation...

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