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093788P.pdf   04/20/2011  United States  v.  Reginald Hubbard
   U.S. Court of Appeals Case No:  09-3788
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Smith, Author, with Colloton and Shepherd, Circuit Judges]
Criminal Case - conviction and sentence. District court did not abuse its discretion in denying motion for new trial based on ineffective assistance of counsel claim following motion for new trial and evidentiary hearing. Defendant was advised of his right to testify and waived his right to testify by remaining silent at trial. District court's finding that defendant's testimony at evidentiary hearing was not credible was not clearly erroneous. District court did not abuse its discretion in imposing 96- month sentence, the top of the applicable Guidelines range.