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UNITED STATES v. FRADY

No. 79-2356.

636 F.2d 506 (1980)

UNITED STATES, Appellee, v. Joseph C. FRADY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 4, 1980.

Rehearing and Rehearing Denied October 22, 1980.

Attorney(s) appearing for the Case

Kathleen Hamor* with whom Michael Geltner, Washington, D.C. (appointed by this Court), for appellant.

Joseph C. Frady, pro se, was on the brief.

Benjamin B. Sendor, Asst. U. S. Atty., Washington, D.C., for appellee. Charles F. C. Ruff, U. S. Atty., John A. Terry, Michael W. Farrell and Charles W. Brooks, Asst. U. S. Attys., Washington, D.C., were on the brief, for appellee.

Before McGOWAN and EDWARDS, Circuit Judges, and FRIEDMAN, Chief Judge, United States Court of Claims.

Rehearing and Rehearing En Banc Denied October 22, 1980.

Opinion for the court filed by Circuit Judge EDWARDS.

EDWARDS, Circuit Judge:

This case is an appeal from the trial court's denial of the appellant's motion under 28 U.S.C. § 2255 (1976) to overturn his murder conviction on the ground that the jury instructions on malice and specific intent were defective. Since we find that at least two of the instructions were in error, substantially affecting...

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