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ESPINOZA v. U.S.

No. 13-1607.

745 F.3d 943 (2014)

Fernando ESPINOZA, Petitioner-Appellant v. United States of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 21, 2014.

Attorney(s) appearing for the Case

Jay Elliott Denne , argued, Sioux City, IA, for Appellant.

John H. Lammers , AUSA, argued, Sioux City, IA, for Appellee.

Before MURPHY, BYE, and SMITH, Circuit Judges.

BYE, Circuit Judge.

A federal jury found Fernando Espinoza guilty of conspiracy to distribute 500 grams or more of methamphetamine. Espinoza filed a petition for relief from his conviction and sentence under 28 U.S.C. § 2255 alleging a number of different grounds for relief, including the claim that trial counsel was ineffective in failing to object to a sentencing enhancement under 21 U.S.C. § 851(a)(1). The district...

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