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BROWN v. U.S.

No. 1:07CV127RWS.

707 F.Supp.2d 1009 (2010)

Clifton BROWN, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, E.D. Missouri, Southeastern Division.

April 20, 2010.

Attorney(s) appearing for the Case

Stephen C. Wilson, Wilson and Mann LC, Cape Girardeau, MO, for Petitioner.

Keith D. Sorrell, Office of U.S. Attorney, Cape Girardeau, MO, for Respondent.

MEMORANDUM AND ORDER

RODNEY W. SIPPEL, District Judge.

Petitioner Clifton Brown moves to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Brown claims he received ineffective assistance of counsel when his counsel waived his pretrial motions, failed to investigate whether the substance involved was cocaine or crack cocaine, and failed to file a notice of appeal after Brown asked him to do so. Because I find by a preponderance...

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