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EAGLE v. U.S.

No. 13-1030.

742 F.3d 1079 (2014)

Kevin Walking EAGLE, Petitioner-Appellant v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 14, 2014.

Attorney(s) appearing for the Case

Sarah Elizabeth Baron Houy , argued, Rapid City, SD ( Sarah Elizabeth Baron Houy , on the brief), for Petitioner-Appellant.

Eric D. Kelderman , AUSA, argued, Rapid City, SD ( Kevin Koliner , AUSA, on the brief), for Respondent-Appellee.

Before RILEY, Chief Judge, BRIGHT and KELLY, Circuit Judges.

BRIGHT, Circuit Judge.

Kevin Walking Eagle appeals the district court's1 denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255, claiming ineffective assistance of counsel on the ground that his counsel failed to file an appeal from his conviction. The district court denied relief after giving Walking Eagle a full evidentiary hearing. We affirm.

I. Background

Walking Eagle, a Native...

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