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SCHOENAUER v. U.S.

No. 4:07-cv-00169-RP.

759 F.Supp.2d 1090 (2010)

Russell J. SCHOENAUER, Movant/Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S.D. Iowa, Central Division.

Order on Motion to Alter or Amend Judgment November 2, 2010.

Attorney(s) appearing for the Case

Frank L. Burnette, Attorney at Law, Des Moines, IA, J. Justin Johnston, Wyrsch Hobbs & Mirakian, Kansas City, MO, for Movant/Petitioner.

Gary L. Hayward, Clifford D. Wendel, U.S. Attorney's Office, Des Moines, IA, for Respondent.

ORDER

ROBERT W. PRATT, Chief Judge.

Before the Court is Russell Schoenauer's motion to vacate, set aside, or correct his sentence, filed pursuant to 28 U.S.C. § 2255. Schoenauer is represented by counsel. The Court held a hearing on the motion on July 14, 2010. The parties submitted post hearing briefs on August 12, 2010, and August 19, 2010. The matter is now fully submitted.

For the following reasons, the Court grants Schoenauer's 28 U.S.C...

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