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PEAVY v. U.S.

No. 93-3667.

31 F.3d 1341 (1994)

Edwin PEAVY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 3, 1994.

Attorney(s) appearing for the Case

Robert A. Ruggeri (argued and briefed), Cleveland, OH, for petitioner-appellant.

Ronald B. Bakeman, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Cleveland, OH, for respondent-appellee.

Before: KEITH and BATCHELDER, Circuit Judges; and JOINER, Senior District Judge.

JOINER, Senior District Judge, delivered the opinion of the court, in which KEITH, Circuit Judge, joined.

BATCHELDER, Circuit Judge (pp. 1347-50), delivered a separate dissenting opinion.

JOINER, Senior District Judge.

Edwin Peavy appeals the summary dismissal of his motion to vacate sentence under 28 U.S.C. § 2255. We conclude that the factual record developed in the district court provided insufficient basis for the summary dismissal of Peavy...

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