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EWING v. WILLIAMS

No. 76-2058.

596 F.2d 391 (1979)

James EWING, Petitioner-Appellee, v. J. D. WILLIAMS, Warden, Metropolitan Correctional Center (United States of America, Real Party in Interest), Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

May 7, 1979.

Attorney(s) appearing for the Case

Stephen V. Petix and John J. Robinson, Asst. U.S. Attys. (on the brief), Terry J. Knoepp, U.S. Atty., John J. Robinson, Asst. U.S. Atty. (argued), San Diego, Cal., for respondents-appellants.

Gary Ellingson, San Diego, Cal., for petitioner-appellee.

Before BARNES and ELY, Circuit Judges, and KELLEHER, District Judge.

KELLEHER, District Judge:

The government appeals from an order of the district court granting James Ewing's petition for post-conviction relief, filed pursuant to 28 U.S.C. § 2255, and vacating Ewing's conviction for conspiracy to import marijuana on the ground that he was denied effective assistance of counsel. Two separate but closely-related issues are presented: (1) whether the record supports the district court...

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