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U.S. v. McDADE, 5:04-CR-252-F1. (2013)

Court: District Court, E.D. North Carolina Number: infdco20130822a86 Visitors: 8
Filed: Aug. 21, 2013
Latest Update: Aug. 21, 2013
Summary: ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on the Defendant's prose "Motion to Correct Sentence" [DE-88] challenging the validity of his sentence. The proper method for challenging the legality of his sentence is to file a motion pursuant to 28 U.S.C. 2255. The court therefore DENIES the defendant's letter motion [DE-88]. The Clerk of Court is DIRECTED to mail the defendant a copy of the 2255 motion to the return address listed on the envelope and the Defenda
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ORDER

JAMES C. FOX, Senior District Judge.

This matter is before the court on the Defendant's prose "Motion to Correct Sentence" [DE-88] challenging the validity of his sentence. The proper method for challenging the legality of his sentence is to file a motion pursuant to 28 U.S.C. § 2255. The court therefore DENIES the defendant's letter motion [DE-88]. The Clerk of Court is DIRECTED to mail the defendant a copy of the§ 2255 motion to the return address listed on the envelope and the Defendant may renew the challenges to his sentence in the § 2255 motion. The Defendant should return the completed § 2255 petition to

Clerk of Court United States District Court, E.D.N.C. ATTN: Prisoner Litigation Division P.O. Box 25670 Raleigh, NC 27611

SO ORDERED.

Source:  Leagle

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