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McGAHEE v. U.S.

Criminal Action No. 03-788. Civil Action No. 07-2398.

570 F.Supp.2d 723 (2008)

Gary McGAHEE, Petitioner v. UNITED STATES of America, Respondent.

United States District Court, E.D. Pennsylvania.

July 17, 2008.

Attorney(s) appearing for the Case

Geoffrey V. Seay, Philadelphia, PA, for Petitioner.

Tina Gabbrielli, U.S. Attorney's Office, Philadelphia, PA, for Respondent.

MEMORANDUM

BUCKWALTER, Senior District Judge.

Presently before the Court are Gary McGahee's ("Petitioner's") Motion to Vacate Sentence Pursuant to 28 U.S.C. § 2255, and the Government's Memorandum of Law in Opposition. For the reasons stated below, Petitioner's Motion to Vacate is GRANTED.

I. BACKGROUND

A. Procedural History

On July 8, 2005, Petitioner was convicted of attempted possession of heroin with...

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