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U.S. v. COLE

No. 85-1466.

813 F.2d 43 (1987)

UNITED STATES of America v. COLE, Reginald. Appeal of Reginald COLE.

United States Court of Appeals, Third Circuit.

Decided March 6, 1987.

Rehearing Denied April 29, 1987.

Attorney(s) appearing for the Case

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Ronald A. Sarachan (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Cheryl J. Sturm (argued), Philadelphia, Pa., for appellant.

Before SLOVITER and STAPLETON, Circuit Judges and FARNAN, District Judge.

OPINION OF THE COURT

FARNAN, District Judge:

Appellant Reginald Cole ("Cole") appeals from an order entered in the United States District Court for the Eastern District of Pennsylvania, which denied Cole's petition under 28 U.S.C. § 2255 to vacate, set aside or correct a judgment of sentence. We have jurisdiction of this appeal under 28 U.S.C. § 1291.

I.

On February 21, 1984, a federal grand jury returned an eight count indictment...

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