CHESTARO v. U.S.

No. 98 Civ. 2967 (LAK).

17 F.Supp.2d 242 (1998)

Steven CHESTARO, Petitioner, v. UNITED STATES of America, Respondent.

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

July 30, 1998.


Attorney(s) appearing for the Case

Alexander E. Eisemann, New York City, for Petitioner.

Daniel Himmelfarb, Assistant United States Attorney, Mary Jo White, United States Attorney, New York City, for Respondent.


MEMORANDUM OPINION

KAPLAN, District Judge.

Petitioner seeks relief from his conviction and sentence for violation of 18 U.S.C. § 111 pursuant to 28 U.S.C. § 2255.

Facts

Petitioner was charged on May 9, 1997 in a one-count indictment with assaulting three United States Postal Police Officers with a box cutter in violation of 18 U.S.C. § 111. Although at least two circuits have held that the use of weapons or the infliction...

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