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U.S. v. MONTGOMERY

Nos. 89-50592, 91-55512.

998 F.2d 1468 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Lee Howard MONTGOMERY, Defendant-Appellant. Howard Lee MONTGOMERY, aka Lee Howard Montgomery, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1993.

Attorney(s) appearing for the Case

Martha M. Hall, Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant, plaintiff-appellant.

Randy K. Jones, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee, defendant-appellee.

Before: TANG and HALL, Circuit Judges, and WALKER, District Judge

WALKER, District Judge:

Howard Lee Montgomery appeals his conviction of conspiracy to distribute and distribution of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Montgomery also appeals the denial of his motion for relief under 28 U.S.C. § 2255. His main contention in both appeals is that the government did not use "reasonable efforts" to produce a confidential informant for a pretrial interview, thereby violating his right to due...

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