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BERRY v. U.S.

No. 01-1796.

293 F.3d 501 (2002)

Jerry Lee BERRY, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 4, 2002.

Attorney(s) appearing for the Case

Edward M. Mansfield, argued, Des Moines, IA, for appellant.

Lester Alan Paff, argued, Des Moines, IA, for appellee.

Before: HANSEN, Chief Judge, MCMILLIAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The government charged Jerry Berry with conspiring to distribute crack cocaine in violation of 21 U.S.C. § 846. Mr. Berry pleaded guilty, and the district court1 sentenced him to 188 months in prison. Mr. Berry then filed a motion under 28 U.S.C. § 2255 to set his conviction aside because his counsel's prior representation of potential witnesses created a conflict of interest that prevented...

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