District Court, D. New Jersey June 23, 1997, Civil Action No. 96-3089; Criminal No. 94-646 (Spritzer v. United States)

OPINION

WOLIN, District Judge.

This matter comes before the Court on the motion of petitioner Lawrence Spritzer (“L.Spritzer”) under 28 U.S.C. § 2255 (1996) to vacate, set aside, or correct his sentence. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the Court has decided the motion based on the written submissions of *208the parties. For the following reasons, L.