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GARCIA MONTALVO v. U.S.

No. 70, Docket 88-2128.

862 F.2d 425 (1988)

Miguel GARCIA MONTALVO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 1, 1988.

Attorney(s) appearing for the Case

Perry A. Carbone, Weil, Gotshal & Manges, New York City, for plaintiff-appellant.

Peter T. Sheridan, Asst. U.S. Atty. for E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., for E.D.N.Y., John Gleeson, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for defendant-appellee.

Before VAN GRAAFEILAND, WINTER and MAHONEY, Circuit Judges.

PER CURIAM:

Plaintiff-appellant Miguel Garcia Montalvo appeals from Judge Nickerson's order denying his motion under 28 U.S.C. § 2255 (1982). Garcia's appeal raises two claims: (i) his 1982 conviction for conspiracy to possess with intent to distribute cocaine should be vacated because it violated his sixth amendment right to a speedy trial; and (ii) the district court erred by dismissing his Section 2255 motion without...

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