United States v. Russell
Court of Appeals for the Fifth Circuit
1Opinion of the Court
RESTANI, Judge:
This is an appeal from the district court’s denial of defendant Russell’s motion to vacate sentence under 28 U.S.C.A. § 2255 (West.Supp.1999). Russell v. United States, No. EP-98-CA-152-H (EP-94-CR-59-H), (W.D. Tex. June 16, 1998)(“Russell I ”). Russell makes various arguments, all arising from his counsel’s absence during two days of trial. After reviewing the evidence, the court concludes that Russell was deprived of his right to counsel during a critical stage of trial.
I
In a superseding indictment Russell was charged with conspiring to possess marijuana and cocaine with…
2Cases cited16 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Edwards v. ArizonaSupreme Court of the United States · 1981
- Davis v. AlaskaSupreme Court of the United States · 1974
- United States v. CronicSupreme Court of the United States · 1984
- United States v. PlacenteCourt of Appeals for the Fifth Circuit · 1996
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- Elwaldo R. James v. Rickie Harrison, Warden of Kershaw Correctional Institution Charles M. Condon, Attorney General of the State of South CarolinaCourt of Appeals for the Fourth Circuit · 2004
- United States v. Gregory BellCourt of Appeals for the D.C. Circuit · 2015
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