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U.S. v. RIVAS-LOPEZ

No. 10-20436.

678 F.3d 353 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael E. RIVAS-LOPEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 18, 2012.

Attorney(s) appearing for the Case

Renata Ann Gowie , Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Rafael E. Rivas-Lopez , Forrest City, AR, pro se.

Before HIGGINBOTHAM, SMITH and HIGGINSON, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Rafael E. Rivas-Lopez ("Rivas"), federal prisoner # 16285-179, contends that he received ineffective assistance of counsel when his attorney overestimated his sentencing exposure under a proffered plea deal, leading him to reject the deal and stand trial. The district court rejected this argument. For the reasons that follow, we vacate the district court's order with respect to this...

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