The United States appeals the granting of Vincent Sicurella's 28 U.S.C. § 2255 habeas petition by the United States District Court for the Western District of New York (John T. Curtin, Judge). For the reasons stated herein, we agree with the government that the judgment of the district court must be reversed in light of this Court's recent decision in United States v. Marji, No. 97-1259,
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SICURELLA v. U.S.
157 F.3d 177 (1998)
Vincent SICURELLA, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 28, 1998.
Decided October 9, 1998.
Attorney(s) appearing for the Case
Thomas J. Eoannou, Buffalo, NY, for Petitioner-Appellee.
Anthony M. Bruce, Assistant United States Attorney, for Denise E. O'Donnell, United States Attorney for the Western District of New York, Buffalo, NY, for Respondent-Appellant.
Before: CALABRESI and STRAUB, Circuit Judges, and TSOUCALAS, Judge.
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