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NUPDAL v. U.S.

No. 11-1185.

666 F.3d 1074 (2012)

Ashly Lynn NUPDAL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 2, 2012.

Attorney(s) appearing for the Case

Tatum Lindbo , Fargo, ND, for appellant.

Christopher C. Myers , AUSA, Fargo, ND, for appellee.

Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Ashly Lynn Nupdal was sentenced to 120 months imprisonment for conspiracy to possess with intent to distribute and distribution of controlled substances under 21 U.S.C. § 846. Nupdal filed a motion to vacate her sentence under 28 U.S.C. § 2255 alleging her attorney was ineffective in failing to follow her instructions to file an appeal on her behalf. The district court1 denied her motion to vacate. We...

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