Court of Appeals for the Eighth Circuit January 19, 2007, 06-2499 (Michael Joseph Scott v. United States)

BEAM, Circuit Judge.

Michael Joseph Scott filed a motion in the district court

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under 28 U.S.C. § 2255, alleging ineffective assistance of counsel for failure to appeal the district court’s denial of a Rule 35(b) motion. The district court denied Scott relief but granted a certificate of appealability on the ineffective assistance of counsel question.