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Kristopher Kai Hamberg v. United States of America

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Submitted: February 17, 2012

Before RILEY, Chief Judge, WOLLMAN, and SMITH, Circuit Judges.

Kristopher Hamberg was convicted of conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and of two counts of using a firearm during a drug trafficking crime, in violation of 18 U.S.C. §§ 924(c)(1)(A) and 2. Hamberg was sentenced to 276 months’ imprisonment on the conspiracy count, 84 months’ imprisonment on the first firearm count, and 300 months’ imprisonment on the second firearm count. The district court ordered that the sentences be served consecutively, resulting in a total sentence of 660 months’ imprisonment. The conviction and sentence were affirmed on direct appeal. United States v. Hamberg, 182 F. App’x 599 (8th Cir. 2006) (unpublished) (per curiam). Hamberg filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255, arguing four separate grounds of ineffective assistance of trial counsel. The district court*fn1 denied his motion in its entirety. We granted a certificate of appealability on the issue whether counsel was ineffective for failing to object to the imposition of two consecutive sentences for the two firearms convictions based on Hamberg’s employment of the same firearm in a single drug-trafficking offense. We affirm.

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