DELGADO v. U.S.

No. 97-4309.

162 F.3d 981 (1998)

Miguel DELGADO, Petitioner-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 7, 1998.


Attorney(s) appearing for the Case

Cheryl Ann Pilate, Kansas City, Missouri, argued, for Appellant.

Mark Andrew Miller, Assistant United States Attorney, Kansas City, Missouri, argued (Stephen L. Hill, Jr., on the brief), for Appellee.

Before BEAM, LOKEN, and MURPHY, Circuit Judges.


LOKEN, Circuit Judge.

In April 1993, a jury convicted Miguel Delgado of possession with intent to distribute cocaine and aiding and abetting in violation of 18 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 2. Delgado did not appeal. In 1996, he filed motions for post-conviction relief under 28 U.S.C. § 2255, claiming ineffective assistance of trial counsel and a right to be resentenced under the new "safety valve" provision in U.S.S.G. § 5C1.2. The district...

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