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McKEEVER v. WARDEN SCI-GRATERFORD

No. 05-2492.

486 F.3d 81 (2007)

Victor McKEEVER, Appellant v. WARDEN SCI-GRATERFORD; Attorney General, Commonwealth of Pennsylvania; District Attorney, Erie County.

United States Court of Appeals, Third Circuit.

Filed: May 10, 2007.

Attorney(s) appearing for the Case

Gene C. Schaerr, (Argued), Winston & Strawn LLP, Washington, D.C., for Counsel Appellant.

Andrea F. McKenna, (Argued), Office of Attorney General of Pennsylvania, Harrisburg, PA, Counsel for Appellees.

Before: BARRY, ROTH, Circuit Judges, and IRENAS, Senior District Judge.

OPINION OF THE COURT

IRENAS, Senior District Judge.

Appellant Victor McKeever pleaded guilty in 1995 to drug-related charges, including two counts arising under the Pennsylvania Corrupt Organizations Act ("PACOA"), 18 Pa.C.S.A. § 911(b)(3). He was sentenced to 15-42 years' imprisonment. In 1996, the Supreme Court of Pennsylvania held that PACOA does not apply to individuals operating wholly illegitimate businesses...

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