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SANTOS-REYES v. U.S.

No. 89 Civ. 5850 (WCC).

727 F.Supp. 111 (1989)

Hector R. SANTOS-REYES, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S.D. New York.

December 21, 1989.

Attorney(s) appearing for the Case

Hector R. Santos-Reyes, pro se.

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City, for the U.S.; Lisa Margaret Smith, Asst. U.S. Atty., of counsel.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

Petitioner Hector Santos-Reyes moves pro se pursuant to 28 U.S.C. § 2255 and Fed.R.Crim.P. 35 to vacate his sentence as illegally imposing terms of special parole. For the reasons discussed below, petitioner's motion is granted with respect to the special parole term imposed on count four and denied in all other respects.

BACKGROUND

On November 1, 1985, a four-count indictment...

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