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MILLER v. U.S.

Nos. 7:97-CR-67-1-H, 7:99-CV-52-H.

150 F.Supp.2d 871 (2001)

Oscar MILLER, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, E.D. North Carolina, Southern Division.

May 14, 2001.

Attorney(s) appearing for the Case

Chris A. Cordes, Asst. Fed. Pub. Def., Raleigh, NC, for Defendant.

ORDER

HOWARD, District Judge.

This matter is before the court on the Memorandum and Recommendation ("M & R") of United States Magistrate Judge Louise W. Flanagan filed on November 2, 2000. In that M & R, Magistrate Judge Flanagan found, after an extensive hearing at which petitioner and respondent were both present, that petitioner has sustained his burden of demonstrating ineffective assistance of counsel for failure to note a requested appeal....

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