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MCKEE v. U.S.

Docket Nos. 97-2671(L), 97-2711.

167 F.3d 103 (1999)

Frederick W. McKEE, Petitioner-Appellee-Cross-Appellant, v. UNITED STATES of America, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 2, 1999.

Attorney(s) appearing for the Case

Ian Weinstein, New York, NY, for Petitioner-Appellee-Cross-Appellant.

David V. Kirby, Chief, Criminal Division (Charles R. Tetzlaff, U.S. Attorney for District of Vermont, Gary G. Shattuck, Asst. U.S. Atty., Rutland, VT, on the brief), for Respondent-Appellant-Cross-Appellee.

Before: KEARSE, Circuit Judge, and BRIEANT and JOHNSON, District Judges.

KEARSE, Circuit Judge:

These appeals focus on two aspects of an order of the United States District Court for the District of Vermont, J. Garvan Murtha, Chief Judge, ruling on motions by petitioner Frederick W. McKee pursuant to 28 U.S.C. § 2255 to vacate his conviction or, alternatively, to reduce his 20-year sentence. Both of the district court's rulings must be vacated in light of more recent decisions of this Court. Respondent United States appeals...

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