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WHITTEMORE v. U.S.

No. 92-1291.

986 F.2d 575 (1993)

Robert A. WHITTEMORE, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 19, 1993.

Attorney(s) appearing for the Case

David M. Sanders, Livermore Falls, for plaintiff, appellant.

F. Mark Terison, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., and James M. McCarthy, Asst. U.S. Atty., Portland, ME, were on brief, for defendant, appellee.

Before BREYER, Chief Judge, HIGGINBOTHAM, Senior Circuit Judge, and BOUDIN, Circuit Judge.

A. LEON HIGGINBOTHAM, Jr., Senior Circuit Judge.

Petitioner, Robert A. Whittemore, appeals from the denial of his second petition under 28 U.S.C. § 2255 to set aside, vacate or correct his sentence. The district court dismissed the petition as an "abuse of the writ". We affirm.

I.

In June 1988, Whittemore was convicted of one count of conspiracy to possess with intent to distribute cocaine, and two counts of knowingly and intentionally distributing...

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