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BEAL v. U.S.

Criminal No. 4-90-6(1), Civil No. 4-95-1.

924 F.Supp. 913 (1996)

Kevin BEAL, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, D. Minnesota, Fourth Division.

April 26, 1996.

Attorney(s) appearing for the Case

Daniel M. Scott, Federal Public Defender and Andrea K. George, Assistant Public Defender, Minneapolis, MN, for petitioner.

David L. Lillehaug, United States Attorney and Denise Reilly, Assistant United States Attorney, Minneapolis, MN, for respondent.

ORDER

DOTY, District Judge.

This matter is before the court on the motion of petitioner Kevin Beal to vacate his conviction pursuant to 28 U.S.C. § 2255. For the reasons stated, the motion is granted with respect to petitioner's conviction under 18 U.S.C. § 924(c)(1), and is in all other respects denied.

BACKGROUND

After a jury trial in May 1990, petitioner was convicted on five counts: conspiracy to distribute five or more kilograms...

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