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UNITED STATES v. AUTEN

No. 80-1269 Summary Calendar.

632 F.2d 478 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Jay AUTEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit, Unit A.

December 8, 1980.

Attorney(s) appearing for the Case

Alfred J. Weisberg, Denison, Tex., for defendant-appellant.

Christian Harrison, Asst. U. S. Atty., Tyler, Tex., for plaintiff-appellee.

Before BROWN, POLITZ and TATE, Circuit Judges.

POLITZ, Circuit Judge:

Charles Jay Auten's 1977 conviction of conspiracy to negotiate stolen money orders was affirmed on direct appeal, United States v. Auten, 570 F.2d 1284 (5th Cir. 1978). He now appeals the denial of his petition for habeas corpus relief under 28 U.S.C. § 2255, and the denial of his motions for additional discovery and for an evidentiary hearing. We reverse and remand.

Auten and six others...

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