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U.S. v. BIBERFELD

No. 91-5308.

957 F.2d 98 (1992)

UNITED STATES of America, Appellee, v. Alfred G. BIBERFELD, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 26, 1992.

Attorney(s) appearing for the Case

Alfred G. Biberfeld, pro se.

Michael Chertoff, U.S. Atty., Newark, N.J., for appellee.

Before MANSMANN, HUTCHINSON, and NYGAARD, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) October 15, 1991.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Federal prisoner Alfred Biberfeld moved pursuant to 28 U.S.C. § 2255 to vacate his sentence or, in the alternative, for a new trial. The district court denied Biberfeld's motion without a hearing, holding that the record conclusively showed he was not entitled to relief. We review the district court's order in three steps. First, we decide...

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