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Name: U.S. v. Recio
Opinion Date: 09/27/2000
Court: US Court of Appeals
District 9 Cir
Citation: 226 Fed.3d 1087

As to the second count, a charge of possession with intent to distribute, defendant Recio was deprived of effective assistance of counsel when his attorney failed to move for a new trial. The similarly situated co-defendant’s motion for new trial was granted, and the government conceded that Recio would have received a new trial had he so moved. Judge Gould dissented.