Miguel Delgado v. United States
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LOKEN, Circuit Judge.
In April 1993, a jury convicted Miguel Delgado of possession with intent to distribute cocaine and aiding and abetting in violation of 18 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 2. Delgado did not appeal. In 1996, he filed motions for post-conviction relief under 28 U.S.C. § 2255, claiming ineffective assistance of trial counsel and a right to be resen-tenced under the new “safety valve” provision in U.S.S.G. § 5C1.2. The district court 1 denied both motions. Delgado appeals, arguing the court erred in denying his claims of ineffective assistance without an evidentiary…
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