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U.S. v. FLEMING

No. 11-1404.

676 F.3d 621 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Kimani Lanier FLEMING, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 17, 2012.

Attorney(s) appearing for the Case

David E. Hollar (argued), Attorney, Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee.

David P. Jones , Nicholas T. Otis (argued), Attorneys, Newby, Lewis, Kaminski & Jones, LLP, LaPorte, IN, for Defendant-Appellant.

Before CUDAHY, POSNER, and WOOD, Circuit Judges.

WOOD, Circuit Judge.

Kimani Lanier Fleming was found guilty by a jury of several serious drug and firearm charges, for which he received a mandatory life sentence. Fleming's counsel appealed his conviction on evidentiary grounds, and this court affirmed. Fleming then filed a petition under 18 U.S.C. § 2255 asserting that his counsel had been constitutionally ineffective. In response to Fleming's petition, the government admitted that it had failed to file its...

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