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U.S. v. AKINSADE

No. 09-7554.

686 F.3d 248 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Temitope AKINSADE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2012.

Attorney(s) appearing for the Case

ARGUED: Thomas Kirk Ragland , Duane Morris, LLP, Washington, D.C., for Appellant. Christen Anne Sproule , Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: Richard S. Basile , Greenbelt, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, Jonathan C. Su , Assistant United States Attorney, Office of the United States Attorney, Greenbelt, Maryland, for Appellee.

Vacated and remanded by published opinion. Judge GREGORY wrote the majority opinion, in which Judge WYNN joined. Chief Judge TRAXLER wrote a dissenting opinion.

OPINION

GREGORY, Circuit Judge:

Appellant Temitope Akinsade appeals the district court's denial of his petition for writ of error coram nobis pursuant to 28 U.S.C. § 1651 claiming that he was denied effective assistance of counsel when he plead guilty to embezzlement by a bank employee in violation of 18 U.S.C. § 656, a Class B felony. For the following reasons, we grant the petition and vacate Akinsade's conviction.

I.

Now thirty...

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