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U.S. v. PREVATTE

No. 94-3360.

300 F.3d 792 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Russell PREVATTE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 2002.

Attorney(s) appearing for the Case

Donald J. Schmid (submitted), Office of the U.S. Attorney, South Bend IN, Andrew B. Baker, Jr., Office of the U.S. Attorney, Hammond, IN, for plaintiff-appellee.

Alexander M. Salerno (submitted), Berwyn, IL, Russell "Rusty" Prevatte, Florence, CO, pro se, for defendant-appellant

Before CUDAHY, RIPPLE and DIANE P. WOOD, Circuit Judges.

RIPPLE, Circuit Judge.

Russell "Rusty" Prevatte brings this motion to recall mandate and seeks immediate release from incarceration. For the following reasons, we believe that this motion ought to be construed as a petition for a writ of habeas corpus under 28 U.S.C. § 2241 and transferred to the District of Colorado pursuant to 28 U.S.C. § 1631.

I

BACKGROUND

The facts leading up to Mr. Prevatte's conviction are reported in detail...

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