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UNITED STATES v. HERRERA-PAGOADA

No. 20-6194.

14 F.4th 311 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Lexy Leonel HERRERA-PAGOADA, a/k/a Lexy Leonel Herrera, a/k/a Juan Villa Hermosa, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 16, 2021.

Attorney(s) appearing for the Case

ARGUED: Nardine Mary Guirguis , GUIRGUIS LAW, PA, Raleigh, North Carolina, for Appellant. Dennis Duffy , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: Robert J. Higdon, Jr. , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge King and Judge Floyd joined.

Lexy Leonel Herrera-Pagoada, a native, and citizen of Honduras, appeals the dismissal of his 28 U.S.C. § 2255 habeas petition challenging his sentence for felony illegal reentry of an alien who has previously been removed, in violation of 8 U.S.C. § 1326(a) and (b). He claims that his trial counsel was ineffective...

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