No. 06-3772.

528 F.3d 1030 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Brian L. BROWN, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 10, 2008.

Attorney(s) appearing for the Case

Omar F. Greene, Assistant Federal Public Defender, Little Rock, AR, for appellant.

Deborah J. Groom, First Assistant U.S. Attorney, Fort Smith, AR, for appellee.

Before LOKEN, Chief Judge, MURPHY, Circuit Judge, and JARVEY, District Judge.

LOKEN, Chief Judge.

When Brian Brown's conviction and concurrent life sentences for kidnaping and aggravated sexual abuse of a ten year-old child were affirmed on appeal, United States v. Brown, 330 F.3d 1073 (8th Cir.), cert. denied, 540 U.S. 975, 124 S.Ct. 453, 157 L.Ed.2d 327 (2003), Brown filed a motion for post-conviction relief under 28 U.S.C. § 2255. After an evidentiary hearing, the district court

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