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CHAVEZ v. UNITED STATES

No. 78-3513.

641 F.2d 1253 (1981)

Ruben Portillo CHAVEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 16, 1981.

Attorney(s) appearing for the Case

Ira P. Robbins, Professor of Law and Director, Kansas Defender Project, University of Kansas, School of Law, Hal D. Meltzer, Student Director, Lawrence, Kan., for petitioner-appellant.

Sanford Svetcov, Asst. U. S. Atty., San Francisco, Cal., for respondent-appellant.

Before BROWNING, Chief Judge, and KENNEDY and SKOPIL, Circuit Judges.

SKOPIL, Circuit Judge:

Appellant Ruben Portillo Chavez pleaded guilty to three counts of bank robbery. He moved the district court to vacate his sentence and plea pursuant to 28 U.S.C. § 2255. The district court denied the motion. Chavez appeals. Because due process required the trial court to hold a hearing on Chavez's competence to plead guilty, we reverse and remand.

FACTS AND PROCEEDINGS BELOW

On May 19, 1976 Chavez was indicted by a federal...

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