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GRASSI v. HOOD

No. 00-35275.

251 F.3d 1218 (2001)

Nello L. GRASSI, Petitioner-Appellee, v. Robert HOOD, Warden, Federal Correctional Institution, Sheridan, Oregon, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 16, 2001.

Attorney(s) appearing for the Case

Thomas M. Gannon, Department of Justice, Washington, D.C., for the respondent-appellant.

Stephen R. Sady, Chief Deputy Public Defender, Portland, Oregon, for the petitioner-appellee.

Before: THOMAS G. NELSON, SUSAN P. GRABER, and JOHNNIE B. RAWLINSON, Circuit Judges.

GRABER, Circuit Judge:

The district court granted petitioner Nello L. Grassi's petition for habeas corpus. The government appeals. We review de novo, Bowen v. Hood, 202 F.3d 1211, 1218 (9th Cir.2000), and we reverse.

FACTS AND PROCEDURAL HISTORY

In January 1999, Petitioner was convicted in federal court of conspiring to manufacture and distribute marijuana in violation of 21 U.S.C. §§ 841 and 846...

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