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U.S. v. NYHUIS

No. 98-2716.

211 F.3d 1340 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas NYHUIS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 17, 2000.

Attorney(s) appearing for the Case

Jeffrey J. Balgooyen, Ada, MI, John A. Vos, Grand Rapids, MI, for Nyhuis.

Rick L. Jancha, Orlando, FL, Charles Truncale, Jacksonville, FL, Tamra Phipps, Tampa, FL, for United States.

Before DUBINA and BLACK, Circuit Judges, and HILL, Senior Circuit Judge.

HILL, Senior Circuit Judge:

Douglas Nyhuis was tried and convicted in the Middle District of Florida on one count of conspiracy to possess, with intent to distribute, in excess of five kilograms of cocaine during the period from March, 1985, through October, 1989. On direct appeal, his conviction was affirmed by this court. He filed a motion pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct an illegal sentence. After the district court denied this...

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