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UNITED STATES v. TOKI

No. 17-4153, No. 17-4154, No. 17-4155.

23 F.4th 1277 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Sitamipa TOKI, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Eric Kamahele, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Kepa Maumau, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED January 31, 2022.

Attorney(s) appearing for the Case

Benjamin C. McMurray , Assistant Federal Public Defender ( Kathryn N. Nester and Scott Keith Wilson , Federal Public Defenders, with him on the briefs), District of Utah, Salt Lake City, Utah, for Defendants-Appellants.

Ryan D. Tenney , Assistant United States Attorney ( John W. Huber , United States Attorney, Andrea T. Martinez , Acting United States Attorney, and Jennifer P. Williams , Assistant United States Attorney, with him on the briefs), Salt Lake City, Utah, for Plaintiff-Appellee.

Before HOLMES, Circuit Judge, LUCERO, Senior Circuit Judge, and McHUGH, Circuit Judge.

This matter is before us on remand from the Supreme Court. As detailed in United States v. Toki, 822 F. App'x 848 (10th Cir. 2020), petitioners Sitamipa Toki, Eric Kamahele, and Daniel Maumau filed motions under 28 U.S.C. § 2255 to vacate, set aside,

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