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U.S. v. IASIELLO

No. 97-7339.

166 F.3d 212 (1999)

UNITED STATES of America, v. Paul IASIELLO, Paul G. Iasiello, Appellant

United States Court of Appeals, Third Circuit.

Decided January 22, 1999.

Attorney(s) appearing for the Case

David M. Barasch, U.S. Attorney, Middle District of Pennsylvania, Frederick E. Martin, Office of United States Attorney, Williamsport, PA, for Appellee.

Paul Iasiello, U.S. Penitentiary, Florence, Co, Appellant, Pro Se.

Before: NYGAARD, ROTH & WEIS, Circuit Judges.

Submitted Pursuant to Third Circuit LAR 34.1(a) May 27, 1998.

OPINION OF THE COURT

ROTH, Circuit Judge.

This appeal requires us to determine whether the District Court erred in conducting an evidentiary hearing on appellant's Motion to Vacate Sentence under 28 U.S.C. § 2255 without appointing counsel to represent him. Because the appointment of counsel was mandatory for an indigent movant at an evidentiary hearing under Rule 8(c) of the Rules...

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