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U.S. v. PASSWAITER

No. C-99-20840 JF.

106 F.Supp.2d 997 (2000)

UNITED STATES of America, Plaintiff, v. Kim Louis PASSWAITER, Defendant.

United States District Court, N.D. California, San Jose Division.

July 20, 2000.

Attorney(s) appearing for the Case

Brian P. Berson, San Francisco, CA, for plaintiff.

Robert S. Mueller, III, United States Attorney, Jane H. Shoemaker, Assistant United States Attorney, San Jose, CA, for defendant.

ORDER DENYING DEFENDANT'S MOTION TO VACATE, SET ASIDE, OR MODIFY SENTENCE PURSUANT TO 28 U.S.C. § 2255

FOGEL, District Judge.

Defendant moves to vacate, set aside or modify his sentence. The Government opposes the motion. Defendant's motion was taken under submission without oral argument. For the reasons set forth below, the motion will be denied.

I. BACKGROUND

Defendant was prosecuted as part of a "boat case" in which thirty three...

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