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Victor Manuel Tinajero-Ortiz v. United States of America

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Submitted: March 17, 2011

Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.

Victor Manuel Tinajero-Ortiz pled guilty to possession with intent to distribute methamphetamine, and consistent with his plea agreement he was sentenced to 120 months in prison. After his direct appeal was dismissed, Tinajero-Ortiz filed this 28 U.S.C. § 2255 action alleging that his trial counsel was constitutionally ineffectiveand misled him to believe that by pleading guilty he would receive five years in prison. The district court*fn1 denied his petition but granted him a certificate of appealability.

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