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WERBER v. U.S

No. 8, Docket 95-2668.

149 F.3d 172 (1998)

Gregory David WERBER, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 27, 1998.

Attorney(s) appearing for the Case

Lewis J. Liman, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney for the Southern District of New York, Miguel A. Estrada, Special Assistant United States Attorney, Alexandra Rebay, Craig A. Stewart, Assistant United States Attorneys, on the brief), for Respondent-Appellant.

Kenneth D. Wasserman, New York City, for Petitioner-Appellee.

Before: KEARSE and JACOBS, Circuit Judges, and ARTERTON, District Judge.

JACOBS, Circuit Judge:

Petitioner Gregory David Werber was convicted in 1992 of four counts of fraud-related crimes in the United States District Court for the Southern District of New York (McKenna, J.), and was sentenced to 47 months, 12 days of imprisonment. Werber now moves pursuant to 28 U.S.C. § 2255, asserting that he was deprived of due process because the district court relied on a misunderstanding of law in imposing sentence, specifically, the...

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