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DELTORO-AGUILERA v. U.S.

No. 08-3783.

625 F.3d 434 (2010)

Jose DELTORO-AGUILERA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 2, 2010.

Attorney(s) appearing for the Case

John Vanderslice , AFPD, argued, Lincoln, NE, for appellant.

John Higgins , AUSA, argued, Maria R. Moran , AUSA, on the brief, Omaha, NE, for appellee.

WOLLMAN, Circuit Judge, concurs in the result.

JOHN R. GIBSON, Circuit Judge.

Jose Deltoro-Aguilera appeals the denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Deltoro claims his trial counsel was ineffective for failing to advise him that he was eligible for safety valve relief under § 5C1.2 of the United States Sentencing Guidelines. The district court1 denied his motion, finding...

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