VAN RUSSELL v. U.S.

No. 91-2501.

976 F.2d 323 (1992)

Jay VAN RUSSELL, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 24, 1992.


Attorney(s) appearing for the Case

Jonathan L. Loew, argued, Spitzer, Addis, Susman & Krull, Chicago, Ill., for petitioner-appellant.

Brenda Atkinson, Asst. U.S. Atty., argued, Criminal Div., Barry R. Elden, Asst. U.S. Atty., Criminal Receiving, Appellate Div., Chicago, Ill., for respondent-appellee.

Before BAUER, Chief Judge, COFFEY and CUDAHY, Circuit Judges.


COFFEY, Circuit Judge.

Petitioner Jay Van Russell appeals from the district court's denial of his second motion to vacate, set aside or correct sentence. 28 U.S.C. § 2255. We affirm.

BACKGROUND

In March 1982, Van Russell was charged with conspiracy to possess heroin with the intent to distribute in violation of 21 U.S.C. § 841(a)(1) (Count 1) and with distributing heroin in violation of 21 U.S.C. § 841(a)(1) (Count 2) and pleaded not...

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