No. 04-4051.

436 F.3d 851 (2006)

UNITED STATES of America, Appellee, v. Juan Gerardo HERNANDEZ, also known as Chapin, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 2, 2006.

Attorney(s) appearing for the Case

Stephen D. Marso, argued, West Des Moines, IA, for appellant.

Gary L. Hayward, argued, Asst. U.S. Atty., Des Moines, IA, for appellee.

Before ARNOLD, HANSEN, and MURPHY, Circuit Judges.

HANSEN, Circuit Judge.

Juan Gerardo Hernandez (Hernandez) filed a pro se motion for postconviction relief pursuant to 28 U.S.C. § 2255 after this court affirmed his conviction and 168-month prison sentence for conspiracy to distribute methamphetamine and possession with intent to distribute. See United States v. Hernandez, 16 Fed.Appx. 544 (8th Cir.2001) (unpublished). The district court1 dismissed his motion but granted a...

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