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HARVEY v. U.S.

No. 87-5185.

850 F.2d 388 (1988)

Timothy Paul HARVEY, David Allen Harvey, and James Loren Harvey, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 22, 1988.

Attorney(s) appearing for the Case

Randolph Daar, San Francisco, Cal., for appellants.

Ted McBride, Rapid City, S.D., for appellee.

Before LAY, Chief Judge, and HEANEY and MAGILL, Circuit Judges.

HEANEY, Circuit Judge.

I. INTRODUCTION

Three brothers, Timothy, James, and David Harvey, filed motions in district court pursuant to 28 U.S.C. § 2255, seeking to set aside guilty pleas. They claim: the guilty pleas were taken in violation of Rule 11 of the Rules of Criminal Procedure and not voluntarily and knowingly made; they received ineffective assistance from their court-appointed counsel; and their guilty pleas would not have been entered but...

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