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CURRIER v. U.S.

No. 01-2528.

320 F.3d 52 (2003)

George CURRIER, Jr., Petitioner, Appellee, v. UNITED STATES of America, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided February 13, 2003.

Attorney(s) appearing for the Case

Dina Michael Chaitowitz, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney was on brief, for appellant.

Kent A. Russell for appellee.

Before TORRUELLA, Circuit Judge, GREENBERG, Senior Circuit Judge, and HOWARD, Circuit Judge.

HOWARD, Circuit Judge.

The government appeals an order of the district court vacating the 1997 conviction of appellee George Currier, Jr., for use of a firearm during and in relation to a drug trafficking offense. See 18 U.S.C. § 924(c)(1). The government contends that the order, issued under 28 U.S.C. § 2255, is based on an erroneous finding that Currier was victimized by ineffective assistance of counsel during the bench trial leading to the conviction...

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