Kenneth CONLEY, Petitioner, Appellee,
v.
UNITED STATES of America, Respondent, Appellant.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard December 3, 2002.
Decided March 6, 2003.
Attorney(s) appearing for the Case
S. Theodore Merritt, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, Ralph F. Boyd, Jr., Assistant Attorney General, Civil Rights Division, Department of Justice, Mark L. Gross and Teresa Kwong, Department of Justice, were on supplemental brief for appellant.
Saul M. Pilchen with whom Robert S. Bennett, Jonice Gray Tucker and Thomas J. Dougherty were on supplemental brief for appellee.
Before BOUDIN, Chief Judge, BOWNES, Senior Circuit Judge, TORRUELLA, SELYA, LYNCH, LIPEZ and HOWARD, Circuit Judges.
United States Court of Appeals, First Circuit.
OPINION EN BANC
BOUDIN, Chief Judge.
The facts underlying this section 2255 action, recounted in detail in prior opinions,1 can be briefly summarized. About eight years ago, on January 25, 1995, a shooting occurred in the early morning hours in Boston, and there ensued a police chase of several suspects in a Lexus. Eventually, the Lexus was trapped in a dead-end street. Pulling up on the left side of the Lexus — the first...
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