UNITED STATES v. RUSMISEL

No. 82-2241.

716 F.2d 301 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Jesse RUSMISEL, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 20, 1983.


Attorney(s) appearing for the Case

James R. Gough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellant.

Terrence A. Gaiser, Houston, Tex., for defendant-appellee.

Before REAVLEY and JOHNSON, Circuit Judges, and WYZANSKI, District Judge.


JOHNSON, Circuit Judge:

The Government brings this appeal from the district court's granting of petitioner Rusmisel's 28 U.S.C. § 2255 motion to vacate judgment and sentence in his 1970 criminal trial. The district court granted the motion on the basis of ineffective assistance of counsel. This Court concludes that the trial court was correct in its determination that Rusmisel's counsel failed to render effective assistance and that his ineffectiveness required...

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