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U.S. v. HERRERA

No. 04-50633.

412 F.3d 577 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Ismael Holguin HERRERA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 10, 2005.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, for U.S.

Ismael Holquin Herrera, El Paso, TX, pro se.

Before WIENER, DeMOSS, and PRADO, Circuit Judges.

PRADO, Circuit Judge:

Appellant Ismael Holguin Herrera challenges the district court's denial of his motion to vacate his sentence. After considering Herrera's argument and reviewing the record, the court reverses the district court's judgment and remands this case for an evidentiary hearing on Herrera's ineffective assistance of counsel claim.

A jury convicted Herrera of conspiracy to distribute cocaine, aiding and abetting an attempt to possess cocaine with...

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