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131274P.pdf   06/13/2014  United States  v.  Antonio Frausto
   U.S. Court of Appeals Case No:  13-1274
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and Shepherd, 
   Circuit Judges] 
   Prisoner case - habeas. For the court's opinion in Frausto's direct 
   appeal, see U.S. v. Frausto, 636 8th Cir. 2011). Assuming, without 
   deciding, that Frausto's counsel was deficient with respect to the three 
   claims contained in the habeas petition, Frausto was not entitled to 
   habeas relief because he had failed to establish that, absent the error, 
   there was a reasonable probability that he would not have pleaded guilty.