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UNITED STATES v. DONN

No. 80-5616.

661 F.2d 820 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Aron Edward DONN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 19, 1981.

As Amended on Denial of Rehearing February 22, 1982.

Attorney(s) appearing for the Case

Michael S. Mink, Mink & Alpert, Encino, Cal., for defendant-appellant.

Andrea Sheridan Ordin, U. S. Atty., Nancy Wieben Stock, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHOY and NORRIS, Circuit Judges, and KASHIWA, Court of Claims Judge.

PER CURIAM:

Aron Edward Donn appeals from a judgment denying his second petition for relief under 28 U.S.C. § 2255. We affirm in part, but reverse and remand for an evidentiary hearing on one of Donn's claims.

I

Facts

Donn pleaded guilty to unarmed bank robbery and was sentenced in January 1979 to eight years' imprisonment. In October 1979 Donn filed a motion pro se pursuant to 28 U.S.C. § 2255 to vacate and correct his sentence...

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