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SMITH v. U.S.

Civ. A. No. 93-00492-A.

871 F.Supp. 251 (1994)

Nathaniel SMITH, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, E.D. Virginia, Alexandria Division.

December 7, 1994.

Attorney(s) appearing for the Case

Nathaniel Smith, pro se.

Helen Fahey, U.S. Atty., Thomas W. Dworschak, Asst. U.S. Atty., Alexandria, VA, for respondent.

MEMORANDUM OPINION

ELLIS, District Judge.

This is an anomalous case. It grows out of an error made in Sentencing Guidelines criminal history calculations that went undetected at the time of petitioner's sentencing. Also undetected at sentencing was a second criminal history issue that, had the government raised it, would have essentially canceled the error missed by petitioner's counsel. Yet petitioner, citing his counsel's constitutionally ineffective assistance...

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