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SHORT v. U.S.

No. 05-6520.

471 F.3d 686 (2006)

Ricky Wayne SHORT, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 28, 2006.

Attorney(s) appearing for the Case

ARGUED: Alan G. Kimbrell, Grover, Missouri, for Appellant. S. Delk Kennedy, Jr., Assistant United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF: Alan G. Kimbrell, Grover, Missouri, for Appellant. S. Delk Kennedy, Jr., Assistant United States Attorney, Nashville, Tennessee, for Appellee.

Before SILER, GILMAN, and GRIFFIN, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Ricky Wayne Short, who pled guilty to a federal drug charge and is currently incarcerated, appeals the denial of his 28 U.S.C. § 2255 motion to vacate his sentence. His attorney negotiated a plea agreement pursuant to which Short's indictment was amended without further action by the grand jury. Short contends that this amounted to constitutionally ineffective assistance of counsel with respect to both the amendment...

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