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AUSTIN v. U.S.

16-cv-4446 (JSR) 06-cr-991 (JSR).

280 F.Supp.3d 567 (2017)

Joel AUSTIN, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S.D. New York.

Signed December 4, 2017.

Attorney(s) appearing for the Case

Allegra Glashausser, Federal Defenders of New York(Brooklyn), Brooklyn, NY, Attorney for Plaintiff.

Nicolas Tyler Landsman-Roos, United States Attorney's Office, SDNY, New York, NY, Attorney for Defendant.

OPINION AND ORDER

Before the Court is the motion of petitioner Joel Austin to vacate his sentence and order his release. The motion is granted.

The pertinent facts are as follows: On September 19, 2006, police found an unloaded gun in Austin's pocket during a search incident to arrest for jumping a turnstile...

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