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U.S. v. LILLY

No. 95-2191.

80 F.3d 24 (1996)

UNITED STATES of America, Appellee, v. William W. LILLY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 3, 1996.

Attorney(s) appearing for the Case

Morris M. Goldings with whom Richard S. Jacobs and Mahoney, Hawkes & Goldings were on briefs, Boston, MA, for appellant.

John J. Falvey, Jr., Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief, for U.S.

Before CYR, BOUDIN and STAHL, Circuit Judges.

BOUDIN, Circuit Judge.

William Lilly appeals the denial of his motion in the district court, brought under 28 U.S.C. § 2255 and the prior version of Fed. R.Crim.P. 35(a), seeking relief as to sentence.1 In substance, Lilly asks both for resentencing and for a determination that no term of probation may be imposed upon him. He also challenges a restitution order that is part of his present sentence...

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