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U.S. v. HUNDLEY

No. 750, Docket 87-2407.

858 F.2d 58 (1988)

UNITED STATES of America, Appellant, v. Raphael Dwight HUNDLEY, Appellee.

United States Court of Appeals, Second Circuit.

Decided August 24, 1988.

Attorney(s) appearing for the Case

Emily Berger, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., Jon P. Weyman, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for appellant.

James A. Cohen, New York City (Joseph Cerra, Michael Dichiaro, Legal Interns, Fordham Univ. School of Law, New York City, on the brief), for appellee.

Before KAUFMAN, OAKES and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

The United States appeals from an order of the District Court for the Eastern District of New York (Jack B. Weinstein, Judge) granting a motion by appellee Raphael Dwight Hundley under 28 U.S.C. § 2255 (1982) to set aside a fifteen-year sentence. The District Court had imposed the sentence pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e) (Supp. IV 1986), which mandates a fifteen-year minimum sentence for those committing...

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