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United States Ninth Circuit


US v. Withers, 05-56795

In a prosecution for possession of controlled substances with intent to distribute, money laundering, engaging in a continuing criminal enterprise, and conspiracy to possess controlled substances with the intent to distribute, a denial of petitioner's habeas petition is reversed where the district court erred in declining to reopen the time to file an appeal even though petitioner made an unchallenged assertion that he did not receive the notice of the entry of judgment until the time to file an appeal had passed.

Appellate Information

  • Decided 08/19/2010
  • Published 08/19/2010

Judges

  • Harry Pregerson

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Jennifer Yihyun Chou, Verna Jean Wefald

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