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BROWN v. U.S.

No. 02-1468.

311 F.3d 875 (2002)

Steven W. BROWN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 2, 2002.

Attorney(s) appearing for the Case

Robert Little, argued, Memphis, TN (Steven W. Brown, on the brief), for appellant.

Randall David Egert, Asst. U.S. Atty., argued, Springfield, MO (Todd P. Graves, David P. Rush, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD and SMITH, Circuit Judges, and BOGUE, District Judge.

SMITH, Circuit Judge.

Steven W. Brown ("Brown") appeals a decision of the District Court,2 denying his federal habeas corpus petition. See 28 U.S.C. § 2255. The issue we address is whether a federal prisoner may claim ineffective assistance of counsel under § 2255 if his sentencing counsel failed to make an argument like the one that was successful in Apprendi v. New Jersey, 530 U.S. 466

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