USA v. Dale D. Mitchell, Jr

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-3570
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Edward Maguire, *
*
Petitioner - Appellant, *
* Appeal from the United States
v. * District Court for the District
* of South Dakota.
United States of America, *
* [UNPUBLISHED]
Respondent - Appellee. *
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Submitted: April 20, 2006
Filed: April 25, 2006
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Before LOKEN, Chief Judge, BOWMAN and BYE, Circuit Judges.
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PER CURIAM.
Edward Maguire filed a 28 U.S.C. § 2255 motion, arguing, among other things,
his plea of guilty to the threatened use of a weapon of mass destruction – anthrax –
was not knowingly, intelligently, or voluntarily entered. Maguire also argued trial
counsel was ineffective because he pressured Maguire into accepting a plea agreement
despite Maguire's desire to proceed to trial, and counsel failed to pursue available

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1The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota, adopting the report and recommendations of the Honorable Marshall
P. Young, United States Magistrate Judge for the District of South Dakota.
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defenses. The district court 1 denied Maguire's motion but issued a certificate of
appealability on these issues.
We have reviewed the district court's denial of Maguire's § 2255 motion de
novo, United States v. Craycraft, 167 F.3d 451, 454 (8th Cir. 1999), and, because an
extended discussion of his claims would serve no useful precedential purpose, we
affirm without further discussion. See 8th Cir. R. 47B.
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