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U.S. v. HERNANDEZ

No. 3:94CR779. No. 3:00CV712.

137 F.Supp.2d 919 (2001)

UNITED STATES of America, Plaintiff/Respondent, v. Lupe HERNANDEZ, Defendant/Petitioner.

United States District Court, N.D. Ohio, Western Division.

March 30, 2001.

Attorney(s) appearing for the Case

Lupe Hernandez, Lisbon, OH, petitioner pro se.

Deborah Kovac Rump, Office Of The U.S. Attorney, Toledo, OH, for United States of America, respondent.

OPINION AND ORDER

JOHN W. POTTER, Senior District Judge.

This action is before the Court on Lupe Hernandez's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255, the government's reply and supplemental brief and petitioner's response and supplemental brief.

As an initial matter, in § 2255 proceedings, evidentiary hearings are not required when the record conclusively shows

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