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U.S. v. GUERRA

No. 95-50678.

94 F.3d 989 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Rolando GUERRA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Corrected September 25, 1996.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, Glenn William MacTaggart, Office of the United States Attorney, San Antonio, TX, for U.S.

Henry Joseph Bemporad, P. Joseph Brake, Office of the Federal Public Defender, San Antonio, TX, for Guerra.

Before REYNALDO G. GARZA, DeMOSS and PARKER, Circuit Judges.

The opinion in the above case published on September 12, 1996, slip op. 5476, is hereby withdrawn by the court on its own motion and the following opinion is substituted in its stead.

REYNALDO G. GARZA, Circuit Judge:

Robert Rolando Guerra appeals a judgment of the United States District Court for the Western District of Texas denying his motion to set aside, correct, or vacate his sentence under 28 U.S.C. § 2255. The court found that Guerra was procedurally...

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