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U.S. v. CULVERHOUSE

No. 05-51100.

507 F.3d 888 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. John Odell CULVERHOUSE, also known as John Odel Culverhouse, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 9, 2007.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Luke Frazier, San Antonio, TX, for Plaintiff-Appellee.

John Odell Culverhouse, Fort Worth, TX, pro se.

Before REAVLEY, SMITH and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

John Odell Culverhouse ("Culverhouse") appeals the district court's denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. For the following reasons we vacate and remand to the district court.

I

In February 2002, a grand jury indicted Culverhouse on counts of manufacture and attempted manufacture of methamphetamine in violation...

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