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WELLS v. U.S.

No. 9:11-CV-471.

826 F.Supp.2d 446 (2011)

Kevin R. WELLS, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, N.D. New York.

November 28, 2011.

Attorney(s) appearing for the Case

Richard S. Hartunian , United States Attorney, Northern District of New York, of Counsel: Carlos A. Moreno, Esq. , Asst. United States Attorney, Albany, NY, for Respondent.

Office of Stanley L. Cohen, of Counsel: Stanley L. Cohen, Esq. , New York, NY, for Petitioner.

MEMORANDUM—DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

On February 18, 2009, a single-count indictment was filed charging petitioner Kevin R. Wells ("petitioner" or "Wells") with possession of a firearm by a prohibited person in violation of 18 U.S.C. § 922(g)(9).1 Wells is allegedly a prohibited person based on a prior New York state conviction for a...

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