The People of the Territory of Guam v. Henry Babauta Santos

54 F.3d 786 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The PEOPLE OF the TERRITORY OF GUAM, Plaintiff-Appellant, v. Henry Babauta SANTOS, Defendant-Appellee. No. 94-10347. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 1995. Decided May 17, 1995. 1 Before: PREGERSON, KOZINSKI, and HAWKINS, Circuit Judges 2 MEMORANDUM * 3 The government of the Territory of Guam appeals the decision of the Appellate Division of the United States District Court for the District of Guam, which reversed and remanded for a new trial the conviction of Henry Babauta Santos because he was denied effective assistance of counsel. We have jurisdiction over this appeal under 42 U.S.C. Sec. 1424-3 (c). We affirm. I. BACKGROUND A. PROCEDURAL HISTORY 4 After a jury trial in the Superior Court for the Territory of Guam, Santos was convicted of two counts of aggravated murder, one count of robbery, and two counts of the use of a deadly weapon during the commission of a…