VASQUEZ v. U.S.

Nos. 96 Civ. 1075 (PKL), 97 CR. 593 (JMW).

943 F.Supp. 365 (1996)

Manuel VASQUEZ, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, S.D. New York.

October 30, 1996.


Attorney(s) appearing for the Case

Manuel Vasquez, Otisville, NY, pro se.

Michael Gertzman, United States Attorney's Office, New York City, for U.S.

Darrell B. Fields, Legal Aid Society, New York City, for Manuel Vasquez.


ORDER

LEISURE, District Judge:

Before the Court is petitioner Manuel Vasquez's motion pursuant to 28 U.S.C. § 2255 to vacate his 60-month sentence imposed following a conviction under 18 U.S.C. § 924(c). The petition to vacate is based on the Supreme Court's recent decision in Bailey v. United States, ___ U.S. ___, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). The Government does not oppose the motion, but it seeks resentencing on the remaining...

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