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EVENSTAD v. U.S.

Nos. 90-16202, 90-16301.

978 F.2d 1154 (1992)

Robert C. EVENSTAD, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission March 5, 1992.

Resubmitted June 1, 1992.

Decided November 4, 1992.

Attorney(s) appearing for the Case

Mark B. Bailus, Law Offices of Cherry & Bailus, Las Vegas, Nev., and Robert C. Evenstad, pro se, for petitioner-appellant.

Julian A. Cook III, Asst. U.S. Atty., Douglas N. Frazier, U.S. Atty., Las Vegas, Nev., for respondent-appellee.

Before: BOOCHEVER, NORRIS and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

Evenstad pleaded guilty to bank robbery and was sentenced to twelve years in prison. He did not appeal. Four years later, he petitioned for habeas corpus. He claims that his sentence should be vacated because one of the prior offenses considered in sentencing was tainted by ineffective assistance of counsel. We remand so that the district judge can make certain determinations and possibly hold a hearing.

I. Facts.

Evenstad...

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