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102344P.pdf   04/08/2011  Victor Manuel Tinajero-Ortiz  v.  United States
   U.S. Court of Appeals Case No:  10-2344
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Murphy, Author, with Wollman and Gruender, Circuit Judges]
Habeas Corpus - motion to vacate. Claims of ineffective assistance of counsel are not supported because Tinajero-Ortiz cannot prove prejudice by showing he would not have pleaded guilty absent his attorney's misrepresentations. District court did not abuse its discretion in denying an evidentiary hearing.