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U.S. v. HARRIS

No. 04-60103.

408 F.3d 186 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Charles HARRIS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 27, 2005.

Attorney(s) appearing for the Case

Sheldon Taylor Bradshaw (argued), Dennis J. Dimsey, Deputy Chief, Teresa Kwong, U.S. Dept. of Justice, Civil Rights Div., Appellate Section, Washington, DC, Paul David Roberts, Asst. U.S. Atty., Oxford, MS, for Plaintiff-Appellant.

Will R. Ford (argued), New Albany, MS, for Defendant-Appellee.

Before JOLLY, DAVIS and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

The appellee, a police captain, was convicted of federal civil rights violations for excessive use of force with a police baton on an intoxicated suspect. The district court granted the appellee's habeas petition for ineffective assistance of counsel, vacating the sentence and granting a new trial. The government appeals, and we reverse and reinstate the sentence.

FACTS AND PROCEDURAL HISTORY

On May 9, 1998...

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