MARTIN v. U.S.

No. 95-2708 Non-Argument Calendar.

81 F.3d 1083 (1996)

Finn MARTIN, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 26, 1996.


Attorney(s) appearing for the Case

Cloud Miller, III, Atlanta, GA, for appellant.

Kathy J.M. Peluso, Tamra Phipps, Asst. U.S. Attys., Tampa, FL, for appellee.

Before EDMONDSON and BARKETT, Circuit Judges, and FAY, Senior Circuit Judge.


PER CURIAM:

Finn Martin moved pursuant to 28 U.S.C. § 2255 for permission to file an untimely appeal due to ineffective assistance of counsel. The District Court denied the motion based on the fact that Martin had pled guilty. Because Martin was entitled to appeal his sentence even though he pled guilty, and because the failure to file an appeal constituted ineffective assistance of counsel, we reverse.

I. BACKGROUND

Finn Martin was represented...

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