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KAMERUD v. U.S.

Nos. 08-3456, 08-3702.

629 F.3d 790 (2011)

Cory Baker KAMERUD, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Brett Christian Kamerud, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 24, 2011.

Attorney(s) appearing for the Case

Erin P. Lyons , argued, Waterloo, IA, for Appellant Cory Kamerud.

Jay Elliott Denne , argued, Sioux City, IA, for Appellant Brett Kamerud.

Shawn Wehde , AUSA, argued, Sioux City, IA, for appellee.

Before BYE, JOHN R. GIBSON, and GRUENDER, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Cory and Brett Kamerud appeal the district court's denial of their 28 U.S.C. § 2255 motions, challenging their 2001 jury convictions for conspiring to distribute and possessing with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846, which resulted in identical 240-month sentences. Although the district court1 denied relief, this court granted...

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