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ELSWICK v. U.S.

No. 7:05CV00739.

474 F.Supp.2d 803 (2007)

Freddie Hubert ELSWICK, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, W.D. Virginia, Roanoke Division.

February 21, 2007.

Attorney(s) appearing for the Case

Freddie Hubert Elswick, Petitioner Pro Se.

Dennis H. Lee, Special Assistant United States Attorney, Tazewell, VA, for Respondent.

OPINION

JONES, Chief Judge.

Freddie Hubert Elswick, a federal inmate, brings this Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C.A. § 2255 (West 2006). The government has filed a Motion to Dismiss, arguing that petitioner is bound by a valid plea agreement waiver of his right to bring this action. The court notified petitioner of the government's motion as required by Roseboro v. Garrison, 528 F.2d 309<...

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