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RUTH v. U.S.

No. 01-2006.

266 F.3d 658 (2001)

George Herman RUTH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 2001.

Attorney(s) appearing for the Case

George H. Ruth (Submitted a brief), Milan, MI, pro se.

Gerald A. Coraz (Submitted a brief), Office of the U.S. Attorney, Indianapolis, IN, for respondent-appellee.

Before MANION, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

George Ruth filed a motion under 28 U.S.C. § 2255 collaterally attacking his 120-month prison sentence, imposed in 1994 for possession of phenylacetic acid with intent to manufacture methamphetamine. The district court determined that Ruth's prior motion for a new trial under Federal Rule of Criminal Procedure 33 constituted a collateral attack within the scope of § 2255 ¶ 1, and thus that his current § 2255 motion...

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