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U.S. v. BIRDWELL

No. 88-4652. Summary Calendar.

887 F.2d 643 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. David Andrew BIRDWELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 5, 1989.

Attorney(s) appearing for the Case

David Andrew Birdwell, Leavenworth, Kan., pro se.

Peter H. Barrett, Asst. U.S. Atty., George Phillips, U.S. Atty., Biloxi, Miss., for plaintiff-appellee.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

POLITZ, Circuit Judge:

David Andrew Birdwell moved to vacate his guilty plea conviction under 28 U.S.C. § 2255 claiming that his plea agreement was breached and that he received ineffective assistance of counsel. The trial court dismissed his petition. We affirm the dismissal on the ineffective assistance of counsel claim, but for the reasons assigned vacate and remand for an evidentiary hearing and findings of fact...

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