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U.S. v. MIDGLEY

No. 97-7402.

142 F.3d 174 (1998)

UNITED STATES of America, Appellant, v. Raymond M. MIDGLEY

United States Court of Appeals, Third Circuit.

Decided April 23, 1998.

Attorney(s) appearing for the Case

David M. Barasch, U.S. Atty. Bruce Brandler (Argued), Asst. U.S. Atty., U.S. Atty's Office, Harrisburg, PA, for Appellant.

James V. Wade, Fed. Public Defender, Daniel I. Siegel (Argued), Asst. Fed. Public Defender, Middle District of Pennsylvania, Harrisburg, PA, for Appellee.

Before: SCIRICA, ROTH and RENDELL, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

The United States appeals from an order entered by the U.S. District Court for the Middle District of Pennsylvania, denying a motion to reinstate dismissed counts of an indictment against the appellee, Raymond Midgley. The government had dismissed the counts after Midgley pled guilty to one charge of the indictment pursuant to a plea agreement. Midgley subsequently made a successful collateral attack on his conviction...

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