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UNITED STATES v. McMILLAN

No. 79-1308.

606 F.2d 245 (1979)

UNITED STATES of America, Appellee, v. Harold McMILLAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 26, 1979.

Attorney(s) appearing for the Case

Thomas M. Kelly, Minneapolis, Minn., for appellant.

Thorwald H. Anderson, Jr., U.S. Atty., John M. Lee, Asst. U.S. Atty., Minneapolis, Minn., for appellee.

Before STEPHENSON and McMILLIAN, Circuit Judges, and HANSON, Senior District Judge.

PER CURIAM.

Pursuant to 28 U.S.C. § 2255 Harold McMillan filed this motion to vacate judgment and sentence claiming that he was deprived of effective assistance of counsel at trial. After an evidentiary hearing, the district court1 denied the motion and this appeal followed. We affirm.

In 1974, McMillan was convicted by a jury of two counts of distributing heroin in violation of 21 U.S.C. § 841(a). The conviction was...

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