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U.S. v. SWANSON

No. 90-10085.

943 F.2d 1070 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Brent Paul SWANSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1991.

Attorney(s) appearing for the Case

Dennis Jones, Phoenix, Ariz., for appellant.

Janet L. Patterson and Darcy A. Cerow, Asst. U.S. Attys., Washington, D.C., for appellee.

Before HUG, ALARCON and WIGGINS, Circuit Judges.

ALARCON, Circuit Judge:

Brent Paul Swanson appeals from his conviction and sentence for bank robbery. We must decide whether a court appointed defense counsel's concession, during closing argument, that no reasonable doubt exists regarding the only factual issues in dispute, constitutes a deprivation of the right to due process and the effective assistance of counsel that is prejudicial per se. We conclude that we must reverse because counsel's abandonment of his...

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