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U.S. v. HOVEY

Crim. A. No. 86-2.

674 F.Supp. 161 (1987)

UNITED STATES of America, Plaintiff-Respondent, v. Michael C. HOVEY, Defendant-Petitioner.

United States District Court, D. Delaware.

November 24, 1987.

Attorney(s) appearing for the Case

Richard J. McMahon, Asst. Atty. Gen., Dept. of Justice, Wilmington, Del., for plaintiff-respondent.

Robert T. Aulgur of Whittington & Aulgur, Smyrna, Del. (Saskia A. Jordan of Haddon, Morgan & Foreman, P.C., Denver, Colo., of counsel), for defendant-petitioner.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

Petitioner Michael C. Hovey brings this action challenging his conviction pursuant to 28 U.S.C. § 2255 (1982). On February 5, 1986, Mr. Hovey pled guilty to two counts of an indictment charging him with the manufacture and distribution of 3-methylfentanyl in October and November 1985 in violation of 21 U.S.C. § 841(b)(1)(C) (Supp. 1987). During that period, 3-methylfentanyl ostensibly was a controlled substance...

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