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U.S. v. DUARTE-HIGAREDA

No. 94-55970.

68 F.3d 369 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio DUARTE-HIGAREDA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 19, 1995.

Attorney(s) appearing for the Case

Sergio Duarte-Higareda, Safford, Arizona, pro se.

Julia K. Craig, Assistant United States Attorney, San Diego, California, for plaintiff-appellee.

Before: BEEZER, THOMPSON and T.G. NELSON, Circuit Judges.

Submitted to Motions Panel October 11, 1995.

ORDER

Rule 8(c) of the Rules Governing Section 2255 Proceedings in the United States District Courts states that "[i]f an evidentiary hearing is required, the judge shall appoint counsel for [an indigent] movant...." Rule 8(c) of the Rules Governing Section 2255 Proceedings, 28 U.S.C. foll. § 2255 (emphasis added). All of the circuits that have discussed the issue agree that the rule makes the appointment...

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