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U.S. v. RODRIGUEZ

No. 13-1314.

741 F.3d 908 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Abel Hernandez RODRIGUEZ, also known as Abel Garcia-Martinez, also known as Abel Garcia-Rodriguez, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 31, 2014.

Attorney(s) appearing for the Case

Benjamin David Bergmann , Des Moines, IA, for appellant.

Amy L. Jennings , AUSA, Des Moines, IA, for appellee.

Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.

WOLLMAN, Circuit Judge.

Abel Hernandez Rodriguez pleaded guilty pursuant to a written plea agreement to conspiring to distribute 500 grams or more of a mixture or substance containing methamphetamine and 50 grams or more of actual methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. Hernandez later moved to withdraw his guilty plea, claiming that his counsel was ineffective in negotiating his plea. The district court

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