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FIUMARA v. O'BRIEN

No. 88-2532.

889 F.2d 254 (1989)

Tino FIUMARA, Petitioner-Appellant, v. Jerry A. O'BRIEN, Warden, U.S.P. Leavenworth, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 25, 1990.

Attorney(s) appearing for the Case

Thomas R. Dyson, Jr., Washington, D.C. (Donald R. Hoffman, of Tilton, Beck & Hoffman, Topeka, Kan., with him on the brief), for petitioner-appellant.

Alleen S. Castellani (Benjamin L. Burgess, Jr. and Connie DeArmond on the brief) of the Office of the U.S. Atty., Topeka, Kan., for respondent-appellee.

Before McKAY and SEYMOUR, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

Appellant Tino Fiumara is an inmate at the United States Penitentiary in Leavenworth, Kansas, where he is serving a sentence of twenty-five (25) years, eight (8) months, and seventeen (17) days arising out of convictions he suffered in the United States District Court for the District of New Jersey and the United States District Court for the Southern District of New York. Fiumara was convicted in New Jersey of two violations of the Hobbs...

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