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U.S. v. HAMMOND

No. 85-1676.

815 F.2d 302 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Willie HAMMOND, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 13, 1987.

Attorney(s) appearing for the Case

Travis D. Shelton, Travis Dale Jones, Lubbock, Tex., for Weddell.

Warren Burnett, Odessa, Tex., Larry Zinn, San Antonio, Tex., for Hammond.

Sidney Powell and Michael R. Hardy, Asst. U.S. Attys., Helen M. Eversberg, U.S. Atty., Antonio, Tex., James Blankinship, Asst. U.S. Atty., Midland, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, RUBIN and GARZA, Circuit Judges.

BY THE COURT:

In our prior opinion in the above case filed October 1, 1986 (800 F.2d 1404), the conviction of defendant Willie Hammond, Jr. was held in abeyance. This Court requested the court below to conduct a hearing to determine whether the conduct of the government in this case was harmless beyond a reasonable doubt and to ascertain whether a new trial should or should not be ordered.

On November 17, 1986, on a motion...

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