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U.S. v. MULLEN

No. 93-5565.

32 F.3d 891 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Zarina Lenetta MULLEN, a/k/a Z, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1994.

Attorney(s) appearing for the Case

ARGUED: John Stuart Bruce, Deputy Federal Public Defender, Greensboro, NC, for appellant. David Bernard Smith, Asst. U.S. Atty., Sr. Litigation Counsel, Greensboro, NC, for appellee. ON BRIEF: William E. Martin, Federal Public Defender, Greensboro, NC, for appellant. Walter C. Holton, Jr., U.S. Atty., Greensboro, NC, for appellee.

Before WIDENER, WILLIAMS and MICHAEL, Circuit Judges.

OPINION

MICHAEL, Circuit Judge:

Defendant-appellant, Zarina Lenetta Mullen, made a timely motion to have her lawyer, who was retained by her family, replaced by a court-appointed one. For the reasons that follow, we conclude that the district court abused its discretion in denying Mullen's motion. Accordingly, we vacate her conviction and remand for the appointment of a new lawyer and a new trial.

I

On October 26, 1992, Mullen, who was...

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