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PURKEY v. U.S.

No. 10-3462.

729 F.3d 860 (2013)

Wesley Ira PURKEY, Movant-Appellant v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 6, 2013.

Attorney(s) appearing for the Case

Teresa L. Norris , Columbia, SC, argued ( Gary E. Brotherton , Legal Writes, LLC, Columbia, MO, on the brief), for appellant.

Kathleen D. Mahoney , Asst. U.S. Atty., Kansas City, MO, argued ( Beth Phillips , U.S. Atty., David M. Ketchmark , Asst. U.S. Atty., on the brief), for appellee.

Before BYE, GRUENDER, and SHEPHERD, Circuit Judges.

GRUENDER, Circuit Judge.

Wesley Ira Purkey appeals the denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. We granted a certificate of appealability to review whether Purkey received effective assistance of counsel during the penalty phase of the trial and whether the district court1 abused its discretion by denying relief without conducting an evidentiary hearing. We conclude that Purkey's proffered...

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