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GIANAKOS v. U.S.

No. 07-3725.

560 F.3d 817 (2009)

Michael Sean GIANAKOS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 25, 2009.

Attorney(s) appearing for the Case

Carey A. Goetz, argued, Bismarck, ND, for appellant.

Keith Reisenauer, AUSA, argued, Christopher C. Myers, AUSA, on the brief, Fargo, ND, for appellee.

Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Michael Sean Gianakos was found guilty of kidnapping resulting in death, in violation of 18 U.S.C. § 1201(a)(1), and sentenced to life imprisonment. We affirmed Gianakos's conviction on direct appeal. United States v. Gianakos, 415 F.3d 912 (8th Cir.2005) ("Gianakos I"). Gianakos then filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 with the district court,

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