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U.S. v. MARKS

No. 03-30464.

379 F.3d 1114 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas Stanko MARKS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2004.

Attorney(s) appearing for the Case

Joseph H. Harrington, Assistant United States Attorney, Spokane, WA, for the appellant.

Stephen R. Hormel, Federal Defenders of Eastern Washington and Idaho, Spokane, WA, for the appellee.

Before: B. FLETCHER, HAMILTON, and BERZON, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

The government appeals the dismissal with prejudice of an indictment charging Thomas Stanko Marks with possession of firearms and ammunition by a felon in violation of 18 U.S.C. § 922(g)(1). The district court held that Marks' predicate state conviction was unconstitutional, because he received ineffective assistance of counsel due to his attorney's actual conflict of interest in jointly...

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