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131264P.pdf   06/06/2014  Tonya Hyles  v.  United States
   U.S. Court of Appeals Case No:  13-1264
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
[PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Melloy, Circuit Judge] Prisoner case - habeas. For the court's opinion in Hyles' direct appeal, see United States v. Hyles, 521 F.3d 946 (8th Cir. 2008). Admission of Hyles' grand jury testimony at trial was cumulative of other trial evidence and the district court did not err in rejecting her argument that her trial counsel was ineffective in failing to object to its admission; claim that trial counsel was ineffective in advising Hyles not to accept the government's plea offer was properly rejected as such advice (assuming it was given) was not, under the facts, constitutionally unreasonable and Hyles could not show she would have pleaded guilty if given the advice since she maintained her innocence at all phases of the prosecution.