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CHESNEY v. U.S.

No. 03-2729.

367 F.3d 1055 (2004)

Kenith CHESNEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 21, 2004.

Attorney(s) appearing for the Case

Richard D. Biggs, argued, Decatur, GA (Marcia G. Shein, Decatur, GA, on the brief), for appellant.

Patrick C. Harris, argued, AUSA, Little Rock, AR, for appellee.

Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Kenith Chesney appeals the district court's1 denial of his motion to vacate his sentence, filed pursuant to 28 U.S.C. § 2255. The district court held that Chesney made a knowing and voluntary waiver of his right to file such a motion, and thus dismissed the case. Although circuit precedent requires us to evaluate Chesney's claim of ineffective assistance of counsel...

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