RECOMMENDATION OF THE MAGISTRATE JUDGE
WALLACE CAPEL, Jr., Magistrate Judge.
This case is before the court on a pro se motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence filed by federal inmate Tyrone Nunn, Sr. ("Nunn").
I. BACKGROUND
On October 1, 2008, a federal grand jury sitting in the Middle District of Alabama returned a three-count superseding indictment
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