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U.S. v. VIERA

No. 11-3296.

674 F.3d 1214 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jose VIERA, a/k/a "Brian," Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 28, 2012.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Jose Viera , Appellant, appearing pro se.

Barry R. Grissom , United States Attorney, and Leon Patton , Assistant United States Attorney, Office of the United States Attorney for the District of Kansas, Kansas City, KS, for Appellee.

Before LUCERO, O'BRIEN, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

Jose Viera, a federal prisoner, proceeds pro se.1 He filed a motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255, alleging ineffective assistance of counsel. The district court denied the motion but granted a Certificate of Appealability ("COA") on the claim that counsel was ineffective for failing to file an appeal despite the defendant's specific instructions to do so ("appeal...

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