United States Eighth Circuit

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Ausler v. US, 07-2709

Denial of a motion for post-conviction relief under 28 U.S.C. section 2255 from a conviction and sentence for possession with intent to distribute controlled substances is affirmed over claims of error regarding whether: 1) defendant was denied conflict-free counsel; and 2) Booker applies retroactively to cases on collateral review.

Appellate Information

  • Decided 10/24/2008
  • Published 10/24/2008


  • LOKEN, Chief Judge., Before LOKEN, Chief Judge, BEAM and BYE, Circuit Judges.


  • United States Eighth Circuit


  • For Appellant:
  • Omar Greene, AFPD, Little Rock, AR, for Appellant.

  • For Appellees:
  • Joe J. Volpe, AUSA, Little Rock, AR, for Appellee.

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