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U.S. v. FOSTER

Crim No. 3:99CR264(EBB).

UNITED STATES OF AMERICA v. JOHN FOSTER.

United States District Court, D. Connecticut.

December 23, 2014.

Attorney(s) appearing for the Case

US Court of Appeals, Notice, represented by US Court of Appeals , Office of the Clerk.

Joseph Gormley, Honorable, Interested Party, represented by Philip Miller , Attorney General's Office.

Michael Hartmere, Honorable, Interested Party, represented by Philip Miller , Attorney General's Office.

John P. Maiocco, Jr., Honorable, Interested Party, represented by Philip Miller , Attorney General's Office.

USA, Plaintiff, represented by Alina Reynolds , U.S. Attorney's Office.

RULING ON MOTION TO REOPEN

ELLEN BREE BURNS, District Judge.

Defendant John Foster ("Foster") moves to reopen his criminal judgment and for resentencing without application of the second offender enhancement. He claims he is "legally and factually innocent" of the state-court narcotics conviction that supports his § 851 second offender enhancement because it was unconstitutionally obtained. For the following reasons, Foster's motion [doc. ##2402, 2414...

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