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FARRIOR v. U.S.

Nos. 5:03-CR-356-H, No. 5:11-CV-263-H.

826 F.Supp.2d 867 (2011)

James Novia FARRIOR, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, E.D. North Carolina, Western Division.

November 7, 2011.

Attorney(s) appearing for the Case

James Novia Farrior, Petersburg, VA, pro se.

ORDER

MALCOLM J. HOWARD, Senior District Judge.

This matter is before the court on petitioner's motion to vacate pursuant to 28 U.S.C. § 2255, filed May 19, 2011 [DE # 27]. On August 9, 2011, the government moved to dismiss petitioner's motion. At the court's request, the government has submitted a supplemental brief addressing the Fourth Circuit's recent decision in United States v. Simmons, 649 F.3d 237, 240...

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