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U.S. v. BUDELL

No. 98-30012.

187 F.3d 1137 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Todd BUDELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 17, 1999.

Attorney(s) appearing for the Case

J. Mayo Ashley, Helena, Montana, for the defendant-appellant.

Bernard F. Hubley, Assistant United States Attorney, Helena, Montana, for the plaintiff-appellee.

Before: PREGERSON and THOMPSON, Circuit Judges, and TAKASUGI, Senior District Judge.

TAKASUGI, Senior District Judge:

Victor Todd Budell ("Budell"), who has been institutionalized at the United States Medical Center in Springfield, Missouri, since his plea of not guilty only by reason of insanity, appeals from an order denying his pro se request for a discharge hearing and appointment of counsel. A certificate of appealability was denied by the district court.

We determine that a certificate of appealability was unnecessary because Budell...

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