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U.S. v. WITHERSPOON

No. 99-6988.

231 F.3d 923 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Roderick Tyronda WITHERSPOON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 6, 2000.

Attorney(s) appearing for the Case

ARGUED: Michael K. Ryan, Student, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Appellant. Angela Hewlett Miller, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: Steven H. Goldblatt, Director, Adam N. Steinman, Supervising Attorney, Jeffrey E. Tsai, Student, Counsel, Appellate Litigation Program, Georgetown University Law Center, Washington, D.C., for Appellant. Walter C. Holton, Jr., United States Attorney, Angela Hewlett Miller, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Before WILKINS, WILLIAMS, and TRAXLER, Circuit Judges.

Vacated and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.

OPINION

WILKINS, Circuit Judge:

Roderick Tyronda Witherspoon appeals an order of the district court dismissing his motion to vacate his sentence, see 28 U.S.C.A. § 2255 (West Supp.2000), in which he claimed that his attorney was ineffective for failing to file an appeal. We vacate the order and remand for further...

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