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131187P.pdf   05/02/2014  Lino Ramirez  v.  United States
   U.S. Court of Appeals Case No:  13-1187
   U.S. District Court for the Southern District of Iowa - Des Moines   
[PUBLISHED] [Smith, Author, with Murphy and Bye, Circuit Judges] Prisoner case - Habeas. For the court's opinion in Ramirez's direct appeal, see United States v. Ramirez, 397 F. App'x 283 (8th Cir. 2010). With respect to Ramirez's ineffective assistance of counsel claim, since the government never extended a formal plea offer, Ramirez could not show prejudice from his attorney's failure to communicate the informal discussions; court would not consider Ramirez's other issues as the district court did not grant a certificate of appealability on the issues. Judge Bye, dissenting.