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U.S. v. SKURDAL

No. 01-35959.

341 F.3d 921 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Gustav W. SKURDAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2003.

Attorney(s) appearing for the Case

Michael Donahoe, Assistant Federal Defender and Anthony R. Gallagher, Federal Defender, Office of Federal Defenders of Montana, Helena, Montana, for the defendant-appellant.

C. Ed Laws, Assistant United States Attorney, Office of the United States Attorney, Billings, Montana, for the plaintiff-appellee.

Before: JAMES R. BROWNING, ARTHUR L. ALARCÓN, and RICHARD R. CLIFTON, Circuit Judges.

Argued and Submitted August 4, 2003 — Seattle, Washington.

OPINION

ALARCÓN, Circuit Judge.

Gustav W. Skurdal appeals from the denial of his 28 U.S.C. § 2255 ("§ 2255") motion to vacate, set aside or correct his conviction and sentence. We reverse. We conclude that Mr. Skurdal's attorney's failure to file a proper Anders brief in support of his motion to be relieved of his appointment to represent Mr. Skurdal on his direct...

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