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U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 1998) (Judge Peter K. Leisure)

Court held that in deciding a Rule 34 motion, "a court may not look beyond the face of the 'record' which consists of 'no more than the indictment, the plea, the verdict . . . when the plea is "not guilty" and the sentence'." (Id., at 563).

 

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