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GARCIA v. U.S.

No. 11-1476.

679 F.3d 1013 (2012)

Harlan GARCIA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 6, 2012.

Attorney(s) appearing for the Case

Bruce Henry Ellison, Rapid City, SD, for Appellant.

Mark E. Salter, AUSA, Sioux Falls, SD, for Appellee.

Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.

BENTON, Circuit Judge.

A jury convicted Harlan Richard Garcia of distributing 50 grams or more of methamphetamine and conspiring to distribute more than 500 grams of methamphetamine. The district court1 sentenced him to 135 months' imprisonment. These convictions were affirmed on direct appeal. 562 F.3d 947 (8th Cir.2009). Garcia moved under 28 U.S.C. § 2255 to vacate his sentence, alleging ineffective...

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