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SAGER v. MAASS

No. CV 92-1110-PA.

907 F.Supp. 1412 (1995)

Donald G. SAGER, Petitioner, v. Manfred MAASS, Respondent.

United States District Court, D. Oregon.

February 22, 1995.

Attorney(s) appearing for the Case

Anthony Bornstein, Assistant Federal Public Defender, Portland, OR, for Petitioner.

Theodore R. Kulongoski, Attorney General, Lynn David Larsen, Assistant Attorney General, Department of Justice, Salem, OR, for Respondent.

OPINION

PANNER, District Judge.

Petitioner Donald Gordon Sager petitions for habeas corpus relief under 28 U.S.C. § 2254 and moves for an evidentiary hearing. Respondent Manfred Maass opposes the petition.

I deny petitioner's motion for an evidentiary hearing and grant his petition for habeas relief. Respondent must either retry petitioner within ninety days or release him.

BACKGROUND

Petitioner was convicted of robbing Robert...

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