U.S. v. MOLINA-URIBE

No. 04-40534.

429 F.3d 514 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Felipe MOLINA-URIBE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 24, 2005.


Attorney(s) appearing for the Case

Paula Camille Offenhauser, James Lee Turner, Asst. U.S. Attys., Peter Rodney Mason (argued), Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Brent Evan Newton Asst. Fed. Pub. Def. (argued), Houston, TX, for Defendant-Appellee.

Before GARWOOD, SMITH and CLEMENT, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Felipe Molina-Uribe was convicted of first degree murder of a DEA agent and sentenced to life imprisonment in 1987.1 In 1997 he filed for relief under 28 U.S.C. § 2255. In March 2003, after a two-day evidentiary hearing, a magistrate judge recommended that relief be granted on the ground that Molina-Uribe's trial counsel was ineffective. The district court adopted that recommendation and vacated the...

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