Daniel Corral v. USA
Filing
OPINION filed : We AFFIRM the district court s holdings that Corral procedurally defaulted his claims of defective sentencing and prosecutorial vindictiveness, as well as its finding that Corral was not denied effective assistance of counsel when his trial counsel failed to file a motion for change of venue. We REVERSE the district court s decision not to hold an evidentiary hearing, finding that the evidence does not conclusively show that Corral is entitled to no relief, and REMAND for an evidentiary hearing as to his double jeopardy claim and the corresponding ineffective assistance of counsel claim. Decision not for publication. Eugene E. Siler , Jr., Circuit Judge; R. Guy Cole , Jr., Circuit Judge and Deborah L. Cook, Circuit Judge.
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