MEMORANDUM OPINION
TASHIMA, District Judge.
I. BACKGROUND
A. The Trial
On December 29, 1983, defendant was convicted of assault with intent to commit murder. The victim, John Foster, was a correctional counselor at the federal penitentiary at Lompoc, California. Foster was hit several times about the face, head, neck and arms with a heavy pipe. He suffered some permanent disability as a result of the attack, including neurological...
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