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U.S. v. LIEN

No. 93 CR. 1017(LLS).

187 F.Supp.2d 99 (2002)

UNITED STATES of America, Plaintiff/Respondent, v. David LIEN, Defendant/Petitioner.

United States District Court, S.D. New York.

January 7, 2002.

Attorney(s) appearing for the Case

Deirdre A. McEvoy, of counsel, U.S. Atty., Southern Dist. of New York, New York City, for Plaintiff/Respondent.

Marcia G. Shein, Decatur, GA, Steve Orlikoff, New York City, for Defendant/Petitioner.

MEMORANDUM and ORDER

STANTON, District Judge.

Petitioner David Lien moves, purportedly pursuant to Fed.R.Civ.P. 60(b), for relief from his conviction upon his plea of guilty to violation of 18 U.S.C. § 924(c). He claims that the conviction was unconstitutional, that the court lacked jurisdiction, and that he is factually innocent. Since Mr. Lien is in custody and serving his sentence, his application is properly one under 28 U.S.C. § 2255, which...

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