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UNITED STATES v. ALLEN

No. 79-1263.

613 F.2d 1248 (1980)

UNITED STATES of America, Appellant, v. John Brett ALLEN.

United States Court of Appeals, Third Circuit.

Decided February 5, 1980.

Attorney(s) appearing for the Case

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief Appellate Division, William E. Ball (argued), Asst. U. S. Atty., Philadelphia, Pa., for appellant.

Thomas Colas Carroll (argued), Carroll, Creamer, Carroll & Duffy, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, ALDISERT, Circuit Judge, and TEITELBAUM, District Judge.

OPINION OF THE COURT

SEITZ, Chief Judge.

The government appeals from the district court's grant of a new trial pursuant to Allen's motion for collateral relief under 28 U.S.C. § 2255 (1976) from his conviction for conspiring to possess marijuana with the intent to distribute it in violation of 21 U.S.C. § 841(a)(1) (1976).1

I. Factual Background

The facts in this case revolve around a telephone...

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