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CALVACHE v. BENOV

Civ.A. No. 00-11956-WGY.

183 F.Supp.2d 124 (2001)

Ramiro CALVACHE, Petitioner, v. Michael BENOV, Respondent.

United States District Court, D. Massachusetts.

August 20, 2001.

Attorney(s) appearing for the Case

Robert A. Ratliff, Cincinnati, OH, for petitioner.

John A. Wortmann, Jr., U.S. Attorney's Office, Boston, MA, for respondent.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

The petitioner, Ramiro Calvache ("Calvache"), asks this Court to vacate his sentence and conviction pursuant to 28 U.S.C. § 2241 based on the recent holding of the United States Supreme Court in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

I. Background

On January 22, 1992, Calvache was named in a multi-count indictment...

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