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U.S. v. TALKINGTON

No. 98-9094-M-01.

32 F.Supp.2d 1262 (1998)

UNITED STATES of America, Plaintiff, v. Charles F. TALKINGTON, Defendant.

United States District Court, D. Kansas.

As Corrected March 24, 1999.

Attorney(s) appearing for the Case

Ann H. Zgrodnik, Special Assistant U.S. Attorney, Ft. Riley, KS, for Plaintiff.

Timothy J. Henry, Assistant Federal Public Defender, Wichita, KS, for Defendant.

MEMORANDUM AND ORDER

REID, United States Magistrate Judge.

On December 14, 1998, defendant filed a motion to vacate his conviction. The defendant was charged in Ft. Riley, Kansas, in count one with driving under the influence of alcohol (DUI), a violation of 18 U.S.C. § 13 and K.S.A. 8-1567(a)(3). On September 3, 1998, defendant pleaded guilty to count one; at the time of the plea, the parties were aware that this offense was defendant's third DUI conviction...

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