174 F.3d 1196

HATCHETT, Chief Judge,
dissenting:
I respectfully dissent because the magistrate judge obviously made a credibility finding. This is an 18 U.S.C. § 2255 action; the appellant must use the record to establish this claim through a preponderance of the evidence. If the evidence is in equipoise, the appellant (defendant) loses. See Collier v. Turpin, 155 F.3d 1277, 1285 n. 14 (11th Cir.1998).

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