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CAREY v. U.S.

No. 94-1710.

50 F.3d 1097 (1995)

Martin CAREY, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 22, 1995.

Rehearing and Suggestion for Rehearing Denied April 13, 1995.

Attorney(s) appearing for the Case

Judith Mizner, Newburyport, MA, with whom Marshall A. Stern, Bangor, ME, was on brief, for appellant.

Margaret D. McGaughey, Asst. U.S. Atty., with whom Jay P. McCloskey, U.S. Atty., and Richard W. Murphy, Asst. U.S. Atty., Portland, ME, were on brief, for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied April 13, 1995.

STAHL, Circuit Judge.

Pursuant to 28 U.S.C. § 2255, petitioner Martin Carey ("Carey") moved to (1) vacate his guilty plea on the ground that he was taking prescription drugs at the time of his change of plea, and (2) set aside his sentence because of claimed ineffective assistance of counsel. A magistrate judge recommended denial of Carey's motion and, following de novo review...

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