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BROWN v. U.S.

No. 97-CV-537.

985 F.Supp. 86 (1997)

Gregory BROWN, Petitioner, v. UNITED STATES of America, Respondent.

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

November 26, 1997.

Attorney(s) appearing for the Case

Gregory Brown, Raybrook, NY, Pro Se.

Thomas J. Maroney (Joshua J. Nesbitt, Asst. U.S. Atty., of counsel), Office of United States Attorney, Albany, NY, for respondent.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

In this matter, the Court is asked to address an issue remanded by the Second Circuit as well as issues raised in petitioner's 28 U.S.C. § 2255 motion. On remand is the issue of whether the untimely filing of a notice of appeal by petitioner's standby trial counsel was "excusable neglect" as understood by Fed. R.App. P. 4(b). If the Court finds that there...

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