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GALLEGO v. U.S.

No. 97-4485.

174 F.3d 1196 (1999)

Orlando GALLEGO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 5, 1999.

Attorney(s) appearing for the Case

Kathleen M. Williams, Federal Public Defender, Brenda G. Bryn, Assistant Federal Public Defender, Ft. Lauderdale, FL, for Petitioner-Appellant.

Jeanne M. Mullenhoff, Adalberto Jordan, Stephanie K. Pell, Assistant U.S. Attorneys, Miami, FL, for Respondent-Appellee.

Before HATCHETT, Chief Judge, BARKETT, Circuit Judge, and RONEY, Senior Circuit Judge.

RONEY, Senior Circuit Judge:

Defendant Orlando Gallego challenges his drug conviction pursuant to 18 U.S.C. § 2255. The single issue on appeal is whether the magistrate judge applied the wrong legal standard to determine whether defendant's counsel rendered ineffective assistance of counsel by failing to properly advise defendant that he had a constitutional right to testify that only he could waive, so that defendant...

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