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rolling." Freemanville Water Sp., Inc. v. Poarch Band of Creek Indians, 563 F.3d 1205, 1209 (1 I th Ci
tence" and, indeed, in his closed criminal case. 28 U .S .C. §2255(a)—(f); see also Rules Governing Section 2255 Proceedings for the United States District Courts, Rule 3(b) (stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket
t in actual sexual conduct"); United States v. Brand, No. 04 Cr. 194 (PKL), 2005 WL 77055, at *5 (S.D.N.Y. Jan. 12, 2005) (admitting "evidence that Brand exhibited an interest in child erotica and child pornography on the internet in the period leading up to the charged conduct" under Rule 404(b) beca
tered on multiplicitous counts, that right is protected by vacating the convictions on all but one count. Id. The Second Circuit has clarified that District Courts should not rule on a motion to dismiss a charge on multiplicity grounds until the time of sentencing. See id. (vacating district court's 170 EFTA0
t in actual sexual conduct"); United States v. Brand, No. 04 Cr. 194 (PKL), 2005 WL 77055, at *5 (S.D.N.Y. Jan. 12, 2005) (admitting "evidence that Brand exhibited an interest in child erotica and child pornography on the intemet in the period leading up to the charged conduct" under Rule 404(b) becau
tered on multiplicitous counts, that right is protected by vacating the convictions on all but one count. Id. The Second Circuit has clarified that District Courts should not rule on a motion to dismiss a charge on multiplicity grounds until the time of sentencing. See id. (vacating district court's 170 EFTA0
t in actual sexual conduct"); United States v. Brand, No. 04 Cr. 194 (PKL), 2005 WL 77055, at *5 (S.D.N.Y. Jan. 12, 2005) (admitting "evidence that Brand exhibited an interest in child erotica and child pornography on the intemet in the period leading up to the charged conduct" under Rule 404(b) becau
tered on multiplicitous counts, that right is protected by vacating the convictions on all but one count. Id. The Second Circuit has clarified that District Courts should not rule on a motion to dismiss a charge on multiplicity grounds until the time of sentencing. See id. (vacating district court's 170 EFTA0
erest in actual sexual conduct"); United States v. Brand, 04 Cr. 194 (PKL), 2005 WL 77055, at *5 (S.D.N.Y. Jan. 12, 2005) (admitting "evidence that Brand exhibited an interest in child erotica and child pornography on the Internet in the period leading up to the charged conduct" under Rule 404(b) beca
tered on multiplicitous counts, that right is protected by vacating the convictions on all but one count. Id. The Second Circuit has clarified that District Courts should not rule on a motion to dismiss a charge on multiplicity grounds until the time of sentencing. See id. (vacating district court's dismissal
t in actual sexual conduct"); United States v. Brand, No. 04 Cr. 194 (PKL), 2005 WL 77055, at *5 (S.D.N.Y. Jan. 12, 2005) (admitting "evidence that Brand exhibited an interest in child erotica and child pornography on the intemet in the period leading up to the charged conduct" under Rule 404(b) becau
tered on multiplicitous counts, that right is protected by vacating the convictions on all but one count. Id. The Second Circuit has clarified that District Courts should not rule on a motion to dismiss a charge on multiplicity grounds until the time of sentencing. See id. (vacating district court's 170 EFTA0
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