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United States v. Ellis

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Before Torruella, Circuit Judge, Cudahy, *fn1 Senior Circuit Judge, and Lynch, Circuit Judge.

Edward Ellis is serving a twenty-five year sentence on a 1990 conviction for the federal crime of knowingly transporting a minor across state lines to engage in illegal sexual conduct. 18 U.S.C. § 2423. The facts underlying his conviction and the procedural history of his case are detailed in this court’s two prior opinions, Ellis v. United States, 313 F.3d 636 (1st Cir. 2002) (denying collateral review under 28 U.S.C. § 2255), and United States v. Ellis, 935 F.2d 385 (1st Cir. 1991) (affirming on direct appeal of conviction), and in a published district court opinion, Ellis v. United States, 446 F. Supp. 2d 1 (D. Mass. 2006) (considering second petition under § 2255). In this case, Ellis attempts to shorten his term of imprisonment, purporting to assert a claim under Fed R. Crim. P. 35(b) based on assistance Ellis provided to the warden of the federal prison where he was once incarcerated. The district court rejected his claim, as do we. We affirm the dismissal of the case.

I.

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