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U.S. v. LAVALLE

No. 98-55037.

167 F.3d 1255 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Richard David LaVALLE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 12, 1999.

Attorney(s) appearing for the Case

Richard David LaValle, Atlanta, Georgia, in pro per, for the defendant-appellant.

Jean Rosenbluth, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: BRUNETTI, MAGILL, and McKEOWN, Circuit Judges.

BRUNETTI, Circuit Judge:

Federal prisoner Richard LaValle appeals pro se the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence for unarmed bank robbery. We have jurisdiction pursuant to 28 U.S.C. § 2253(a) and reverse.

FACTS AND PROCEEDINGS

This case presents a long procedural history. Following a conviction by a jury of one count of unarmed bank robbery, the probation office prepared and disclosed a presentence...

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