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2nd Cir 5th Cir appeal application arrest attorney authorized Civil Procedure claim collateral Committee constitutional conviction counsel Criminal Procedure custody defendant defendant’s deﬁned disclosure district court effect evidence F.Supp federal courts federal habeas Federal Rules ﬁle ﬁled ﬁling ﬁnal ﬁnding ﬁnds ﬁrst fourth amendment grand jury habeas corpus habeas court habeas review imposed indictment issue judgment judicial June 25 jurisdiction jurors Justice L.Ed magistrate judge ment motion nolo contendere Note to Subdivision offense ofﬁcer party pending person petition petitioner petitioner’s plea of guilty present pretrial prior prisoner probation proceedings prosecution Pub.L pursuant reasonable record release relief Rule Sec Rules of Criminal S.Ct sentence sion Sixth Amendment speciﬁc Stat statement statute subsection supra note Supreme Court tence tion Title 28 trial U.S.C. former United States attorney United States Code United States magistrate violation warrant witness writ