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U.S. v. NESGODA

No. 08-1703.

559 F.3d 867 (2009)

UNITED STATES of America, Appellee, v. Lee Ronald NESGODA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 23, 2009.

Attorney(s) appearing for the Case

Thomas More Hollenhorst, AUSA, argued, Minneapolis, MN, for Appellee.

Katherine M. Menendez, AFPD, argued, Minneapolis, MN, for Appellant.

Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

BEAM, Circuit Judge.

Lee Nesgoda brought this 28 U.S.C. § 2255 petition to vacate or correct his sentence of 235 months' imprisonment following his plea of guilty to conspiracy to distribute methamphetamine. The district court granted the petition in part and resentenced Nesgoda to 160 months in prison. Nesgoda appeals the denial of the remainder of the petition, and we affirm.

I. BACKGROUND

Nesgoda was indicted on five counts of conspiracy...

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