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UNITED STATES v. KIMMEL

No. 80-1562.

672 F.2d 720 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. James David KIMMEL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1982.

As Amended March 29 and April 5, 1982.

On Return to Remand July 22, 1982.

Attorney(s) appearing for the Case

Gordon M. Bronson, Honolulu, Hawaii, for defendant-appellant.

Stephen D. Tom, Asst. U. S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before SKELTON, Senior Judge, CHOY and REINHARDT, Circuit Judges.

CHOY, Circuit Judge:

James David Kimmel appeals his convictions for distributing and conspiring to distribute LSD in violation of 21 U.S.C. §§ 841(a)(1) and 846. We reach only two issues at this stage of the appeal. First, we hold that Kimmel did not receive the benefits of his constitutional right to legal representation at his trial. Second, we hold that the record does not show that he made a knowing and intelligent waiver of his right to counsel. Because...

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