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LUSTER v. U.S.

No. 97-1774.

168 F.3d 913 (1999)

Reginald LUSTER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 24, 1999.

Attorney(s) appearing for the Case

James C. Thomas (argued and briefed), Detroit, MI, for Petitioner-Appellant.

Joseph J. Allen, Asst. U.S. Attorney (argued and briefed), Office of U.S. Attorney, Detroit, MI, for Respondent-Appellee.

Before: WELLFORD, SILER, and GILMAN, Circuit Judges.

WELLFORD, Circuit Judge.

This is another of many cases in which the plaintiff seeks relief pursuant to 28 U.S.C. § 2255 based on Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995).

On September 7, 1989, a federal grand jury returned a nine-count indictment charging Reginald Luster with conspiracy to possess cocaine with the intent to distribute...

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