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U.S. v. VASQUEZ

No. 92-7121.

7 F.3d 81 (1993)

UNITED STATES, Plaintiff-Appellee, v. Victoriano VASQUEZ, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 16, 1993.

Attorney(s) appearing for the Case

David B. Dyer, Jenkins & Gilchrist, Dallas, TX (court-appointed), for defendant-appellant.

Jeffery A. Babcock, Paula C. Offenhauser, Peggy M. Ronca, Asst. U.S. Attys., Gaynelle G. Jones, U.S. Atty., Houston, TX, for plaintiff-appellee.

Before JOHNSON, WIENER, and DeMOSS, Circuit Judges.

JOHNSON, Circuit Judge:

This appeal follows the granting of the government's summary judgment motion dismissing the section 22551 claims of Victoriano Vasquez, Jr. ("Vasquez"). The district court granted this motion after adopting the findings of the Magistrate Judge who had reached his conclusions after an evidentiary hearing conducted in the absence of appointed counsel for Vasquez. However, the Magistrate Judge erred when he failed...

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