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U.S. v. APKER

No. 99-3549.

241 F.3d 1060 (2001)

UNITED STATES of America, Appellee, v. Gary APKER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 28, 2001.

Attorney(s) appearing for the Case

David R. Stickman, argued, Omaha, NE (Jennifer L. Gilg, Omaha, NE, on the brief), for Appellant.

Michael G. Heavican, Assistant U.S. Atty., argued, Omaha, NE, for Appellee.

Before HANSEN, MURPHY, and BYE, Circuit Judges.

HANSEN, Circuit Judge.

Gary Apker appeals the denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. We reverse and remand.

I.

Apker was involved in a large-scale conspiracy to distribute methamphetamine between 1988 and 1990.1 Apker was charged in a 33-count superseding indictment. Apker agreed to enter a conditional plea of guilty to a one-count information charging him with a single...

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