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U.S. v. LIVELY

Crim. A. No. 91-42 LON.

817 F.Supp. 453 (1993)

UNITED STATES of America, Plaintiff-Respondent, v. Theron LIVELY, Defendant-Petitioner.

United States District Court, D. Delaware.

March 31, 1993.

Attorney(s) appearing for the Case

Robert Prettyman, U.S. Attorney's Office, Wilmington, DE, for plaintiff-respondent.

Cheryl J. Sturm, West Chester, PA, for defendant-petitioner.

OPINION

LONGOBARDI, Chief Judge.

I. BACKGROUND

On August 22, 1991, a jury convicted the Petitioner, Theron Lively ("Lively"), of two counts under 21 U.S.C. § 860(b) for knowingly distributing cocaine within 1,000 feet of the Redding Middle School and two counts under 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) for knowingly distributing cocaine. Petitioner's conviction was affirmed without opinion by the United...

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