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U.S. v. McDADE

No. 09-3094.

699 F.3d 499 (2012)

UNITED STATES of America, Appellee v. Byron Lamont McDADE, also known as Barry, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 2012.

Attorney(s) appearing for the Case

Robert S. Becker , appointed by the court, argued the cause and filed the briefs for appellant.

James A. Petkun , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen, Jr. , U.S. Attorney, and Roy W. McLeese III , John P. Mannarino , and John P. Dominguez , Assistant U.S. Attorneys. Elizabeth Trosman , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Upon failing on direct appeal to obtain reversal of his conviction by a jury of one count of conspiracy to distribute five kilograms or more of cocaine and aiding and abetting, Byron L. McDade filed a motion challenging his sentence pursuant to 28 U.S.C. § 2255. The motion was filed within the one-year limitation of § 2255(f), but did not include his claim of ineffective assistance of trial counsel. The government therefore maintains...

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