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STEPHENS v. UNITED STATES

No. 78-2637 Summary Calendar.

595 F.2d 1066 (1979)

James Edwin STEPHENS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 23, 1979.

Attorney(s) appearing for the Case

Reber F. Boult, Jr., W. Bruce Maloy, Atlanta, Ga., for petitioner-appellant.

John J. Daley, Jr., U. S. Atty., Wilbur V. Chaney, Asst. U. S. Atty., Jacksonville, Fla., for respondent-appellee.

Before BROWN, Chief Judge, CLARK and VANCE, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In this § 2255 motion to vacate, the petitioner, James Stephens, attacks his 1972 conviction for conspiracy to import, importation, and possession of marijuana on the ground that he was denied the effective assistance of counsel. The basis of his claim rests on his counsel's concurrent representation of the principal witness against him.1 After an evidentiary hearing the District Judge denied relief in...

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