The appellant pleaded guilty to illegal re-entry into the United States. The district court denied his request for additional counsel to set aside a prior state felony conviction in an Iowa court. A challenge to a prior, unrelated conviction in a state court that could affect the sentence on a new federal conviction is not an ancillary proceeding under the Criminal Justice Act. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-40742, 07-24-2012.
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United States v. Garcia
5th Cir.
July 26, 2012
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