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SHAKUR v. U.S.

Nos. 97 CIV. 2908 (CSH), 97 CIV. 3247 (CSH).

32 F.Supp.2d 651 (1999)

Mutulu SHAKUR, Petitioner, v. UNITED STATES of America, Respondent. Marilyn Buck, Petitioner, v. United States of America, Respondent.

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

January 12, 1999.

Attorney(s) appearing for the Case

Jonathan W. Lubell, Morrison, Cohen, Singer & Weinstein, LLP, New York City, Michael Warren, Brooklyn, NY, for Petitioner Mutulu Shakur.

Jill Elijah, Flushing, NY, for Marilyn Buck.

Mary Jo White, United States Attorney for the Southern District of New York, White Plains, Elliott B. Jacobson, Esq., David Greenwald, Esq., Assistant United States Attorneys, Of Counsel, for the United States of America.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

Mutulu Shakur and Marilyn Jean Buck petition this Court, pursuant to 28 U.S.C. § 2255, for a writ of habeas corpus setting aside their prior conviction, and under Rule 33, Fed.R.Crim.P., for a new trial. Petitioners couple these demands with a request for an evidentiary hearing. The government resists Shakur's and Buck's petitions in their entirety and asks that they be dismissed without...

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