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MULLICAN v. U.S.

Nos. 3:04-CV-589, 3:03-CR-134, 1:96-CR-39.

469 F.Supp.2d 498 (2007)

Stephen W. MULLICAN, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, E.D. Tennessee, at Knoxville.

January 11, 2007.

Attorney(s) appearing for the Case

Paula. R. Voss, Federal Defender Services of Eastern Tennessee, Inc., Knoxville, TN, for Petitioner.

Steven H. Cook, U.S. Attorneys, Knoxville, TN, for Respondent.

MEMORANDUM OPINION

VARLAN, District Judge.

This is a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 filed by petitioner Stephen M. Mullican ("Mullican"). For the following reasons, the § 2255 motion will be DENIED and this action will be DISMISSED.

I. Standard of Review

This court must vacate and set aside Mullican's conviction upon a finding that "there has been...

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