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  5. 938 F.Supp. 623 (1996)
 

U.S. v. AESPURO

Civ. Nos. S-96-0373 WBS/JFM, S-96-0013 WBS/JFM. No. Cr. S-89-0476 WBS.

938 F.Supp. 623 (1996)

UNITED STATES of America, Plaintiff and Respondent, v. Primantivo AESPURO, Jose Luis Beltran Defendants and Petitioners.

United States District Court, E.D. California.

July 5, 1996.

Attorney(s) appearing for the Case

Candace Anne Fry, Law Offices of Candace Anne Fry, Sacramento, CA, for Jose L. Beltran.

Mary French, Asst. Federal Defender, Sacramento, CA, for Primantivo Aespuro.

Miguel Rodriguez, U.S. Atty., Sacramento, CA, for U.S.

MEMORANDUM AND ORDER

SHUBB, Chief Judge.

Defendants move to bar the court from resentencing them on the valid counts of their convictions after the court vacated the invalid counts pursuant to 28 U.S.C. § 2255. After hearing, the court concludes it must resentence on the valid counts to correct the sentence.

I.

BACKGROUND

Defendants dealt heroin from a house approximately 100 yards from an elementary school...

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