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MELTON v. U.S.

No. 03-3903.

359 F.3d 855 (2004)

Timothy MELTON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 2004.

Attorney(s) appearing for the Case

John G. McKenzie (submitted), Office of the United States Attorney, Rockford, IL, for Respondent-Appellee.

Timothy Melton, Loretto, PA, pro se.

Before BAUER, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Timothy Melton pleaded guilty in 1995 to drug offenses and, in exchange for cooperation, received a sentence of 216 months' imprisonment, or 90% of the statutory minimum that would have applied in the absence of a favorable recommendation by the prosecutor. More than a year later (and more than a year after the Antiterrorism and Effective Death Penalty Act of 1996 took effect), Melton filed a collateral attack under 28 U.S.C. § 2255...

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