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UNITED STATES v. BARNES

No. 80-1055.

662 F.2d 777 (1980)

UNITED STATES of America v. Bennie E. BARNES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 1980.

Attorney(s) appearing for the Case

Randy I. Bellows, Washington, D. C., with whom Silas J. Wasserstrom, Washington, D. C., was on the brief, for appellant.

Thomas C. Hill, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., H. Lowell Brown and Michael W. Farrell, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before MacKINNON, MIKVA and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

Opinion concurring in the result filed by Circuit Judge MacKINNON.

MIKVA, Circuit Judge:

Appellant, Bennie E. Barnes, appeals the denial of his petition to vacate his sentence under 28 U.S.C. § 2255 (1976). He claims that he was deprived of his right to counsel at a hearing on the section 2255 motion held in the court below. We reverse and remand, for a de novo hearing, at which appellant's chosen...

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