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U.S. v. POLISHAN

Nos. 3:CR-96-274, 3:CV-05-449.

481 F.Supp.2d 350 (2007)

UNITED STATES of America v. Paul F. POLISHAN.

United States District Court, M.D. Pennsylvania.

February 5, 2007.

Attorney(s) appearing for the Case

Bruce D. Brandler, Theodore B. Smith, III, Harrisburg, PA, Lorna N. Graham, Scranton, PA, for United States of America.

Patrick A. Casey, Myers, Brier & Kelly LLP, Scranton, PA, for Paul F. Polishan.

MEMORANDUM

VANASKIE, District Judge.

Before the Court is Defendant Paul. F. Polishan's Motion to Vacate, Set Aside, or Correct Sentence and Order a New Trial pursuant to 28 U.S.C. § 2255. (Did. Entry 334-1)1 Mr. Polishan advances two arguments in his § 2255 Motion: (1) his sentence was imposed in violation of his Fifth and Sixth Amendment rights, as recognized by the Supreme Court in Apprendi v. New Jersey...

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