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131030P.pdf   02/14/2014  Kevin Walking Eagle  v.  United States
   U.S. Court of Appeals Case No:  13-1030
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Bright, Author, with Chief Judge Riley and Kelly, Circuit 
   Judges] 
   Habeas Case - motion to vacate. The district court did not err, following 
   an evidentiary hearing, in dismissing Walking Eagle's ineffective 
   assistance of counsel claim on the ground that he did not instruct his 
   counsel to file an appeal. The magistrate judge's findings as to 
   credibility are not clearly erroneous. Regarding Walking Eagle's claim 
   that counsel was ineffective by failing to consult with him about the 
   possibility of an appeal, the district court's finding that counsel made 
   objectively reasonable choices in discussing an appeal is not clearly 
   erroneous. Chief Judge Riley concurs.