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U.S. v. MILLER

No. 97-7438.

197 F.3d 644 (1999)

UNITED STATES of America v. Quentin MILLER, a/k/a "Q" Quentin Miller, Appellant

United States Court of Appeals, Third Circuit.

Filed November 30, 1999.

Attorney(s) appearing for the Case

James V. Wade, Federal Public Defender, Daniel I. Siegel (Argued), Assistant Federal Public Defender, Middle District of Pennsylvania, Harrisburg, PA, for Appellant.

David M. Barasch, United States Attorney, Martin C. Carlson (Argued), Assistant United States Attorney, Harrisburg, PA, for Appellee.

Before: BECKER, Chief Judge, GARTH, Circuit Judge, and POLLAK, District Judge.

OPINION OF THE COURT

BECKER, Chief Judge.

Quentin Miller pled guilty to conspiring to distribute crack cocaine. After this Court reviewed the voluntariness of Miller's plea and affirmed his sentence on direct appeal, he filed two pro se post-conviction motions in the District Court challenging the indictment underlying his conviction. The District Court, acting sua sponte, recharacterized Miller's ineptly drafted motions as a single 28 U.S.C. §...

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