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MONTALVO MARTINEZ v. U.S.

Civ. No. 89-1506 (JAF). Crim. No. 86-445.

734 F.Supp. 44 (1990)

Eric MONTALVO MARTINEZ, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, D. Puerto Rico.

April 9, 1990.

Attorney(s) appearing for the Case

Eric Montalvo Martinez, pro se.

Charles E. Fitzwilliam, Executive Asst. U.S. Atty., and Daniel F. López Romo, U.S. Atty., San Juan, Puerto Rico, for respondent.

OPINION AND ORDER

FUSTE, District Judge.

Eric Montalvo Martinez seeks relief under 28 U.S.C. section 2255, alleging that his guilty plea to a violation of 21 U.S.C. section 952 was induced by a lawyer's promise that he would receive no more than a five-year prison sentence. (Montalvo in fact received a fifteen-year prison sentence and a five-year special parole term.) This is the second time petitioner has raised this argument in a section 2255 proceeding...

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