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U.S. v. OLSEN

Nos. 10-36063, 10-36064.

704 F.3d 1172 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth R. OLSEN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Kenneth R. Olsen, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 8, 2013.

Attorney(s) appearing for the Case

Peter Offenbecher (argued), Skellenger Bender, P.S., Seattle, WA, and Robert C. Owen , Owen & Rountree, L.L.P., Austin, TX, for Defendant-Appellant.

Michael C. Ormsby , United States Attorney; Stephanie Van Marter (argued) and Earl A. Hicks , Assistant United States Attorneys, United States Attorney's Office, Spokane, WA, for Plaintiff-Appellee.

Before: MARY M. SCHROEDER and RONALD M. GOULD, Circuit Judges, and PAUL L. FRIEDMAN, Senior District Judge.

OPINION

FRIEDMAN, District Judge:

Kenneth Olsen was convicted in 2003 of knowingly possessing a biological agent, toxin, or delivery system for use as a weapon, in violation of 18 U.S.C. § 175. This court affirmed his conviction on direct appeal. See United States v. Olsen, 120 Fed.Appx. 18 (9th Cir.2004). In 2009, Olsen filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255, raising a number of grounds for relief...

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