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RATTIGAN v. U.S.

No. 96-4160.

151 F.3d 551 (1998)

Barry G. RATTIGAN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 4, 1998.

Attorney(s) appearing for the Case

Richard A. Cline (argued), Mitchell, Allen, Catalano & Boda, Columbus, OH, Barry G. Rattigan, Ray Brook, NY, Brian D. Dunbar (briefed), Cleveland, OH, for Petitioner-Appellant.

Gary L. Spartis (argued and briefed), Office of the U.S. Attorney, Columbus, OH, for Respondent-Appellee.

Before: MARTIN, Chief Judge; NORRIS and CLAY, Circuit Judges.

BOYCE F. MARTIN, Jr., Chief Judge.

Barry G. Rattigan appeals the judgment of the district court to deny his motion under 28 U.S.C. § 2255 vacating his sentence for aiding and abetting in the use of a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1) and 18 U.S.C. § 2. The basis of Rattigan's collateral attack on his conviction is his contention that an instruction given to the jury during his trial on the...

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