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U.S. v. CAVITT

No. 06-41558.

550 F.3d 430 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Leamon Ray CAVITT, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 24, 2008.

Attorney(s) appearing for the Case

Maureen Clancy Smith, Asst. U.S. Atty. (argued), Sherman, TX, for Plaintiff-Appellee.

Michael P. Heiskell (argued), Johnson, Vaughn & Heiskell, Fort Worth, TX, for Defendant-Appellant.

Before GARZA and ELROD, Circuit Judges, and HICKS, District Judge.

HICKS, District Judge:

Leamon Ray Cavitt, Jr. appeals the district court's denial of his Motion to Vacate Conviction, filed pursuant to 28 U.S.C. § 2255. We vacate the judgment of the court below and remand for an evidentiary hearing.

I. BACKGROUND

On October 28, 2002, Texas State Trooper Nick Granelli ("Granelli" or "the trooper") stopped Leamon Ray Cavitt, Jr. ("Cavitt") on U.S. Highway 75 after observing him speeding in a construction zone...

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