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UNITED STATES v. NICKERSON

No. 07-30382.

556 F.3d 1014 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Damien Allen NICKERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2009.

Attorney(s) appearing for the Case

Jason T. Holden, Faure Holden Attorneys at Law, Great Falls, MT, for the defendant-appellant.

Joshua Van de Westering, Assistant United States Attorney, Missoula, MT, for the plaintiff-appellee.

Before: THOMAS M. REAVLEY, Senior Circuit Judge, RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

Defendant-Appellant Damien Allen Nickerson was found guilty by a jury of Conspiracy to Distribute Methamphetamine in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 846, and sentenced to 210 months in prison. Nickerson claims that his attorney's admitted violation of Montana Rules of Professional Conduct Rule 4.2 in the days before trial rendered her performance per se ineffective. We decline to adopt such a...

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