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Submitted: November 19, 2009

Before WOLLMAN, JOHN R. GIBSON, and SHEPHERD, Circuit Judges.

Jose Deltoro-Aguilera appeals the denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Deltoro claims his trial counsel was ineffective for failing to advise him that he was eligible for safety valve relief under § 5C1.2 of the United States Sentencing Guidelines. The district court*fn1 denied his motion, finding that Deltoro’s allegation of ineffective assistance was unsupported by the record and concluding that the claim failed as a matter of law. We affirm.

 
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