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SIERRA v. GOVERNMENT OF CANAL ZONE

No. 76-1369.

546 F.2d 77 (1977)

David SIERRA, Jr., Petitioner-Appellant, v. The GOVERNMENT OF the CANAL ZONE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 27, 1977.

Attorney(s) appearing for the Case

Carlos C. LaRoche (Court-appointed), Michael D. Paulson, San Francisco, Cal., Henry L. Newell, Balboa, Canal Zone, for petitioner-appellant.

Frank J. Violanti, U. S. Atty., Wallace D. Baldwin, Asst. U. S. Atty., Balboa, Canal Zone, for respondent-appellee.

Before MORGAN and GEE, Circuit Judges, and HUNTER, District Judge.

LEWIS R. MORGAN, Circuit Judge:

Appellant David Sierra, Jr., was charged by information with first degree murder1 and possession of marijuana with intent to distribute.2 Sierra pleaded guilty in federal district court to the marijuana charge and to second degree murder. He subsequently moved to vacate his sentences,3 and the district court denied the motion. We reverse. The district...

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