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                        as a courtesy to the reader. They are not part of the opinion of the court.

152319P.pdf   05/03/2016  Michael Fiorito  v.  United States
   U.S. Court of Appeals Case No:  15-2319
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Gruender, Author, with Murphy and Beam, Circuit Judges] Prisoner case - Habeas. The district court did not violate Fiorito's Sixth Amendment right to counsel when it granted his pro se request to withdraw his guilty plea without a hearing; because Fiorito was represented by counsel and received counsel's advice, he did not waive his right to counsel and the district court had no duty to conduct a Faretta hearing; the record at the Section 2255 hearing showed Fiorito understood the dangers of abandoning his plea agreement as his lawyer repeatedly advised him against withdrawing the plea and warned him he faced a substantially longer sentence if he went to trial.