TACHA, Circuit Judge.
A jury convicted defendant of possessing with intent to distribute less than fifty kilograms of marijuana in violation of 21 U.S.C. § 841(a)(1). Defendant did not file a direct appeal. Defendant then petitioned for relief under 28 U.S.C. § 2255, alleging ineffective assistance of counsel. The magistrate held an evidentiary hearing and determined that defendant's claims were meritless with one exception: Counsel was ineffective in failing...
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