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153837P.pdf 11/02/2016 Juan Arteaga Talavera v. United States
U.S. Court of Appeals Case No: 15-3837
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit Judges]
Prisoner case - Habeas. Nothing in the record showed that Talavera would
have pleaded guilty if properly advised regarding possible safety-valve
relief, and his claim that counsel was constitutionally ineffective for
providing erroneous advice on the issue is rejected; additionally, with
respect to Talavera's claim that the ineffective assistance prevented him
from pursuing the safety valve after conviction and before sentencing,
there was no evidence he would have proffered information regarding a
crime he denied committing; further, Talavera received an
obstruction-of-justice enhancement for threatening a cooperating witness
and was ineligible for safety-valve sentencing.