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GEORGE v. SIVELY

No. 98-7609.

254 F.3d 438 (2001)

Matthew GEORGE, Appellant, v. J.L. SIVELY, Warden.

United States Court of Appeals, Third Circuit.

Opinion Filed: June 12, 2001.

Attorney(s) appearing for the Case

Bethaney J. Vazzana (argued), 1138 King Street The Pentheny Building, 2nd Floor Christiansted, V.I. 00820, Counsel for Appellant.

James A. Hurd, Jr., James R. Fitzner, David L. Atkinson (argued) 1108 King Street, Suite 201 Christiansted, V.I. 00820, Counsel for Appellee.

Before MANSMANN and ALITO, Circuit Judges, and FULLAM, Senior District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

Matthew George, who is serving a sentence for Virgin Islands criminal offenses, appeals an order of the District Court of the Virgin Islands denying his motion to vacate his sentence under 28 U.S.C. § 2255. George contends that he was denied the effective assistance of counsel at trial because his attorney did not request a jury instruction to the effect that voluntary intoxication could negate the mens rea...

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