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MILLS v. U.S.

No. 93-2757.

36 F.3d 1052 (1994)

Ocie MILLS; Carey C. Mills, Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 27, 1994.

Attorney(s) appearing for the Case

Ronald W. Johnson, Kinsey, Troxel, Johnson & Walborsky, PA, Pensacola, FL, James Sherman Burling, Pacific Legal Foundation (Co-Counsel), Sacramento, CA, for appellants.

Kenneth Sukhia, U.S. Atty., Samuel A. Alter, Jr., Asst. U.S. Atty., Pensacola, FL, Anne S. Almy, Albert M. Ferlo, Jr., Andrea Nervi Ward, Environmental & Natural Resources Div., Dept. of Justice, Washington, DC, for appellee.

Paul Martin Seby, Mountain States Legal Foundation, Denver, CO, Nancie G. Marzulla, Defenders of Property Rights, Washington, DC, for amicus.

Before KRAVITCH, Circuit Judge, FAY and HENDERSON, Senior Circuit Judges.

PER CURIAM:

This is an appeal from an order entered in the United States District Court for the Northern District of Florida denying the appellants' motion to vacate or set aside their sentences brought pursuant to 28 U.S.C. § 2255, or in the alternative, for a writ of error coram nobis. See United States v. Mills, 817 F.Supp. 1546 (N.D.Fla.1993). For the reasons stated below, we affirm.

I. BACKGROUND

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