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MARROW v. UNITED STATES

No. 83-6116.

772 F.2d 525 (1985)

William MARROW, Petitioner/Appellant, v. UNITED STATES of America, Respondent/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 24, 1985.

Attorney(s) appearing for the Case

Michael H. Krimminger, O'Melveny & Myers, Los Angeles, Cal., for petitioner/appellant.

Carol A. Chase, Asst. U.S. Atty., Los Angeles, Cal., for respondent/appellee.

Before NELSON, BOOCHEVER, and REINHARDT, Circuit Judges.

BOOCHEVER, Circuit Judge:

Marrow appeals the summary dismissal of his petition for writ of habeas corpus. His petition alleged matters outside the record which if true could justify setting aside the guilty plea. The district court therefore erred in dismissing Marrow's petition without an evidentiary hearing and we must reverse and remand for such a hearing.

FACTS

Marrow was arrested in June 1982 and indicted on six counts of bank robbery. He entered...

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