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DAT v. U.S.

No. 17-3652.

920 F.3d 1192 (2019)

Dilang DAT, Petitioner-Appellant v. UNITED STATES of America, Respondent-Appellee

United States Court of Appeals, Eighth Circuit.

Filed: April 11, 2019.

Attorney(s) appearing for the Case

Dilang Dat, Pro Se.

Terrance Waite , WAITE & MCWHA, North Platte, NE, for Petitioner-Appellant.

Susan T. Lehr , Michael P. Norris , Assistant U.S. Attorneys, U.S. ATTORNEY'S OFFICE, District of Nebraska, Omaha, NE, Tessie Leigh Seiler Smith , Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Lincoln, NE, for Respondent-Appellee.

Before BENTON, MELLOY, and KELLY, Circuit Judges.

Dilang Nhial Dat pled guilty to robbery in violation of 18 U.S.C. §§ 1951 and 2. He moved to vacate his conviction under 28 U.S.C. § 2255, claiming his counsel was ineffective by misadvising him about the immigration consequences of his guilty plea. The district court denied the motion without an evidentiary...

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