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UNITED STATES v. DAVIS

No. 78-CR-74.

464 F.Supp. 865 (1979)

UNITED STATES of America, Plaintiff, v. Willie L. DAVIS, Defendant.

United States District Court, E. D. Wisconsin.

February 9, 1979.

Attorney(s) appearing for the Case

Joan F. Kessler, U. S. Atty., Lawrence O. Anderson, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff.

Julian & Associates by Sarah Furey Crandall, Madison, Wis., for defendant.

DECISION and ORDER

MYRON L. GORDON, District Judge.

The defendant, Willie L. Davis, has petitioned the court pursuant to 28 U.S.C. § 2255 to vacate his sentence. Mr. Davis' direct appeal of his conviction is presently pending before the court of appeals for the seventh circuit.

In the absence of extraordinary circumstances, a motion under § 2255 is not proper while an appeal from the conviction is pending since disposition of the appeal...

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